Charter relating to the protection of personal data of users
1. Definition and nature of personal data
During your visit to the site www.k-invent.com, during your purchase on the e-shop or when subscribing to our on-line services or downloading the App K-FORCE from Google Play Store or App Store, we may ask you to provide us with some of your personal data for the scope of using the services offered by KINVENT BIOMECANIQUE.
In the context of this charter, the term “personal data” is used to refer to any data that make it possible to identify an individual, such as your surname, forenames, gender, postal and e-mail addresses, telephone numbers, profession, data relating to your transactions, bank statement of identity, and any other information you may provide us.
KINVENT BIOMECANIQUE reserves the right to create an anonymised user database. This database allows KINVENT BIOMECANIQUE to collect your user data for the purpose of improving its services, and to collect patient data in order to feed the reference values of the statistical samples. In case KINVENT BIOMECANIQUE decides to set up such a database, it will undertake to inform the users in advance by e-mail with a minimum of one (1) month before the set-up.
Users will then be able, if they wish to, to give expressly their agreement. If a user doesn’t give express agreement, KINVENT BIOMECANIQUE will not collect the data of this user to feed its database.
The user has the possibility to give his consent at any time by sending an e-mail to KINVENT BIOMECANIQUE at email@example.com .
2. Purpose of this Charter
The purpose of this Charter is to inform you of the means we are implementing to collect your personal data, in full respect of your rights.
We would like to inform you that, for the collection and the management of your personal data, we comply with Law No 78-17 of 6 January 1978 on information technology, data files and freedoms, as it currently stands (hereinafter: The ‘ Law on Information Technology and Liberties ’) and Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: The “ GDPR ”).
3. Identity of the data collection controller
The entity responsible for collecting your personal data is the company KINVENT BIOMECANIQUE, a simplified share company, registered in the Commercial Register of Montpellier No siren 829348747 and having its head office at Cap Omega, Benjamin Franklin, 34 000 Montpellier, France.
KINVENT BIOMECANIQUE acts as a supplier for the collection of personal data of the patients of users, the latter being responsible for the data processing.
4. Collection of personal data
Your personal data are collected for one or more of the following purposes:
- Manage your access to and use of certain services accessible on the K-FORCE application,
- Perform operations related to client management (contracts, orders, deliveries, invoices, loyalty programmes, customer relationship management),
- Follow up on registered members and users,
- Maintain a database of customers and prospects;
- Send newsletters, requests and promotional messages. If you do not wish to receive those, we are giving you the opportunity to express your refusal on this subject when we collect your data.
- Develop business and usage statistics;
- Manage people’s feedback on products, services or content,
- Manage outstanding amounts and potential disputes concerning the use of our products and services,
- Customise responses to your requests for information,
- Comply with our legal and regulatory obligations.
When collecting your personal data, we will inform you which data are mandatory and which data are optional. The mandatory data are necessary for the operation of the services. For the optional data, you are entirely free to fill them in or not. We will also inform you of the possible consequences of not filling in the optional data.
In the unlikely event of an Application crash, KINVENT BIOMECANIQUE collects location and technical characteristics of your device by means of Firebase Crashlytics, which data privacy statement can be found at https://firebase.google.com/support/privacy.
5. Recipients of the data collected
Your personal data will be accessible by authorised personnel and by the controlling bodies (e.g. auditors).
Your personal data may also be sent to public bodies such as court officers, ministry officers and bodies responsible for the recovery of debts, exclusively in order to meet our legal obligations.
6. Time limits for the storage of personal data
With regards to client management data and prospects:
Your personal data are retained for the period strictly necessary for the management of our business relationship with you.
Concerning possible market prospections, your data may be stored for a period of 3 (three) years from the end of the business relationship.
The data concerning the evidence of a right or of a contract, which must be retained for complying with a legal obligation, will be retained for the period prescribed by the law in force.
Personal data related to a prospect who is not a client, may be retained for a period of 3 (three) years from their collection or last contact with the prospect. At the end of that period of 3 (three) years, we may resume contact with you in order to know whether you want to continue to receive
With regards to patient profile data:
If the user has accepted the collection of his/her patient data from in the anonymised database of KINVENT BIOMECANIQUE, this data will be retained for a period of 5 (five) years from their collection.
With regard to bank card data:
Financial transactions related to the payment of purchases and fees for the paying services of the K-FORCE Application, are entrusted to a payment service provider who ensures its smooth running and security. For the purposes of the services, this payment service provider may become the recipient of your personal data related to your bank card numbers, which it collects and retains in our name and on our behalf.
With regard to the management of opposition lists to receive prospecting:
Information concerning the exercise of your right to object shall be kept at least 3 (three) years after the exercise of the right to object.
At the end of the period necessary for conservation, the data will be anonymized and exclusively kept for statistical purposes and will not give rise to any commercial exploitation.
Audience measurement statistics and raw traffic data are not stored for more than thirteen (13) months.
We inform you that we are taking all appropriate organisational and technical measures to safeguard the security, integrity and confidentiality of your personal data, and in particular to prevent them from being distorted, damaged or that they are accessed by unauthorised parties. We also use secure payment systems in line with the state of the art and with the applicable regulation.
We inform you that we are respecting the security measures which have been put in place by AZnetwork which is our hosting provider for health data.
We would like to inform you that your data and the date of your patients are stored on the servers of the company AZnetwork, located in France, during the duration of their storage.
KINVENT BIOMECANIQUE shall undertake to provide accommodation for the health data of patients which have been previously authorised by the users, by an authorised hosting provider of personal health data within the meaning of the provisions of Article L. 1111-8 of the Code de la santé publique (Public Health Code), which carries out its activities in accordance with the practice of the trade and the state of the art.
The data which is related to the usage of the website and of the e-shop is stored in a server located in Europe.
The data of residents of the European Union and United Kingdom will not be transferred outside the European Union in the frame of the services we are proposing.
Your data and those of your patients might be stored locally on your local devices internal memory. In this case, KINVENT BIOMECANIQUE is declining any responsibility concerning the use by the user of the data stored locally.
Cookies are text files, often encrypted, stored in your browser. They are created when the browser of a user uploads a given website: the site sends information to the browser, which then creates a text file. Whenever the user returns to the same site, the browser will retrieve this file and send it to the server of the website.
The cookies on our site serve one or more of the following purposes:
- Allowing users to benefit from the services offered
- Customising the services offered
- Optimising user experience
- Analyse in a comprehensive manner the use of the K-FORCE application with the aim of improving the services offered
The ‘necessary’ cookies whose sole purpose is to ensure the functioning of the site and to provide you with the services requested are not subject to obtaining your consent.
However, the other cookies will only be left on your device if you accept the terms of their use by continuing your navigation on our site.
You can at any time decide to activate or disactivate these cookies, free of charge, acknowledging that this may reduce or prevent access to all or part of the services we are offering.
A distinction can be made between different types of cookies, which do not have the same purpose:
- Technical cookies are used throughout your navigation, in order to facilitate and carry out certain functions. For example, a technical cookie can be used to memorise the answers given on a form or the user preferences regarding the language or presentation of a website, when such options are available. We are using technical cookies. You can object to the use of these cookies.
- Advertising cookies can be created not only by the website on which the user navigates, but also by other websites disseminating advertisements, ads, widgets or other elements on the page displayed. These cookies can be used to carry out targeted advertising, i.e. advertising based on user navigation. We do not use advertising cookies. If we decide to do so at a later stage, we will ask you to give your agreement before depositing them. You will also have the opportunity to inform yourself about their nature, to accept them or to refuse them.
- Statistical cookies are set by means of tools for statistics and traffic measurement. These cookies allow collection and communication of anonymous information to understand how you interact with our website. We use statistical cookies. You can object to the use of these cookies.
You may object to cookies being put in your browser. Such a objection could, however, prevent the proper functioning of the application.
10. Access to your personal data
In accordance with Law on Information Technology and Liberties No 78-17 of 6 January 1978 and with the GDPR, you have the right to obtain the transmission and, where applicable, the rectification or erasure of data concerning you by contacting:
- e-mail address: firstname.lastname@example.org
- postal address : KINVENT BIOMECANIQUE, for the attention of Athanase KOLLIAS, Cap Omega, Rondpoint Benjamin Franklin, 34 000 Montpellier
Persons whose data are collected on the basis of our legitimate interest, as referred to in Article 4, are reminded that they may at any time object to the processing of their personal data, and in particular to the use of the statistical and marketing cookies described in Article 9. However, we may need to continue the processing if there are legitimate grounds for processing that take precedence over your rights and freedoms or if the processing is necessary to establish, exercise or defend our rights in court.
11. Right to define guidelines on data processing after death
You have the right to define instructions relating to the storage, erasure and disclosure of your personal data after death. These instructions may be general, that is to say, they relate to all the personal data relating to you. In this case, they must be registered with a digital trust third party certified by the CNIL. The instructions can also be specific to data processed by our society. You should then send them to the following contact details:
- e-mail address: email@example.com
- postal address :
KINVENT BIOMECANIQUE, for the attention of Athanase KOLLIAS,
Cap Omega, Rondpoint Benjamin Franklin,
34 000 Montpellier
By sending us such instructions, you expressly give your consent for these instructions to be retained, transmitted and implemented in accordance with the rules laid down in this document. You can designate in your instructions a person responsible for their implementation. When you are deceased, this person will qualify to acquaint himself/herself with those instructions and ask us for their implementation. If you don’t designate a person, your heirs will be qualified to acquaint themselves with those instructions and ask us for their implementation. You can modify or revoke your instructions at any time by writing to the contact details above.
12. Portability of your personal data
You have a right to the portability of your personal data, understood as the data you have actively and consciously declared in the context of access to and use of the services, as well as data generated by your activity in the context of the use of the services. We would remind you that this right does not relate to data collected and processed on another legal basis than the consent or execution of the contract between us. This right can be exercised free of charge at any time, and in particular when closing your account on the Application, in order to retrieve and retain your personal data. In this context, we will address your personal data, by any means deemed useful, in a commonly used and machine-readable standard open format in accordance with the state of the art.
13. Lodging a complaint with a supervisory authority
You are also informed that you have the right to lodge a complaint with the competent supervisory authority (e.g in France the “ Commission Nationale Informatique et Libertés”) in the Member State of your habitual residence, place of work or the place where the infringement of your rights has been committed, if you consider that the processing of your personal data which is the subject of this Charter constitutes a violation of the applicable texts. Such an appeal may be exercised without prejudice to any other action before an administrative or judicial court. You also have the right to an effective administrative or judicial remedy if you consider that the processing of your personal data which is the subject of this Charter constitutes a violation of the applicable law.
14. Restriction of processing
You have the right to obtain a restriction on the processing of your personal data in the following cases:
- During the period of verification that we are implementing, when you challenge the accuracy of your personal data,
- When processing such data is unlawful, and you prefer limiting this processing instead of deleting your data,
- When we no longer need your personal data but you want to keep them to exercise your rights,
- During the period of verification of legitimate reasons, when you are opposed to the processing of your personal data.
We reserve the right, at our sole discretion, to modify this Charter at any time, in whole or in part. You will be informed of these changes by email if we have been informed about your email address. Otherwise you will be informed when downloading the Application after the entry in force of the new Charter. These amendments will enter into force as from the date of publication of the new Charter. Your visits to the e-shop, the website www.k-invent.com and your use of the K-FORCE application following the entry into force of these amendments will be deemed to be recognition and acceptance of the new charter. If you fail to do so, and if the new charter does not suit you, you should no longer access the application.
16. Entry into force
This charter entered into force on 6 December 2019.