Mirakl Websites Privacy Policy

Last updated: October 5th, 2022

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The website www.mirakl.com (hereinafter the “Website”), published by the company Mirakl (hereinafter “Mirakl” or “us”), is our corporate website presenting its solutions and services.

While you are accessing, browsing, navigating, and using our Website and the services it provides, you might communicate your personal data to us.

These personal data are protected by law, and thus, Mirakl, as data controller, has implemented appropriate security measures to protect your personal data.

Please read this privacy policy carefully as it explains how we collect and use your personal data. This privacy policy supplements any documents or notices that may refer to this privacy policy.

1. What personal data are processed?

The following data provided by you through the Website or when you communicate with us are processed by us:

TYPE OF DATA
EXAMPLES OF DATA

Identification data

First name, last name

Contact details

Email address, postal address, phone number

Professional data

Company information

Data related to your access to the Website’s resources

Date and hour of the downloads

Data related to your participation in a Mirakl event

Date and subject of the event

Data related to your exchanges with us

Information requests / complaints, exchanges with our services

Data related to your contributions on the Website

Testimonials (may include your photography)

Data related to your application (“Careers” section)

Resume, cover letter, photography

The provision of certain types of personal data may be necessary or optional, depending of the services you wish to receive. Mandatory data will be marked as such at the moment of collection of your data. If you refuse to provide mandatory data, we may not be able to process your request (such as your request to participate in a Mirakl’s event, your request to download a resource, your subscription request to receive the latest marketplace news published on Mirakl blog).

We also use a standard technology called "cookies" to collect information that helps us improve your online experience. Please refer to our cookies notice for more details.

2. For what purposes is your personal data used?

We process your personal data for the following purposes:

Purposes
Examples of use of your personal data
Legal bases

Managing your information request / contact request

  • to contact you

  • to answer your questions

Your consent

Managing your request to organize a demonstration

  • to contact you

  • to organize a demonstration of Mirakl’s products

Take steps prior to entering into a contract

Managing access requests to Website’s resources

  • to give you access to the resources

  • to perform statistics on downloadable resources and the interested profiles

Our legitimate interest to develop our business activities

Organization of Mirakl events

  • to allow you to participate in events organized by Mirakl

Your consent

Improving Mirakl’s products and services

  • to collect and take into account your testimonial regarding Mirakl’s products and services

Our legitimate interest to improve our products and services

Publication of your testimonial on the Website

  • to publish on the Website your testimonial about Mirakl’s products and services

Your consent

Marketing activities directed at current customers

  • to send you marketing communications regarding Mirakl products, services, and events

  • to send you the latest marketplace news published on Mirakl blog

Our legitimate interest to develop our business activities

Marketing activities directed at potential customers

  • to send you marketing communications regarding Mirakl products, services and events

  • to send you the latest marketplace news published on Mirakl blog

Your consent

Examination of your partnership application

  • to examine your application

  • to contact you

Take steps prior to entering into a contract

Managing your job application (“Careers” section)

  • to examine your job application

Take steps prior to entering into a contract

Transmitting your profile to our recruitment agencies

  • to check your references

  • to ensure the administrative management of our recruitment campaigns by an expert

Our legitimate interest to be assisted in recruitment campaigns by an expert

Customizing your experience

  • to customize the Website contents and your navigation on the Website

Your consent

Improving the Website and its services, as well as your user experience on the Website

  • to evaluate and improve the Website and the services it provides

  • to facilitate your navigation of the Website

  • to take steps designed to protect the security of the Website

Our legitimate interest to improve the Website and its services and your user experience

Pre-litigation or litigation management

  • to take action against any identified breach

  • to manage any dispute or litigation

Our legitimate interest to defend our rights and interests

Compliance with legal and regulatory obligations

  • to comply with legal and regulatory obligations

  • to process your requests to exercise your rights

Legal and regulatory obligations to which we are subject

3. Who can access your personal data?

Except as specified herein or permitted or required by applicable law, we do not generally share personal data about you with any third party without your permission and we do not allow third parties to collect personal data from users on our Website. This does not include trusted third parties who assist us in operating our Website, conducting our business or serving you, as long as those parties agree to keep this information secure and confidential. Those third-party providers shall only be granted access to the information they need to perform their designated functions and will be subject to confidentiality and data protection obligations regarding such information and will not be authorized to use your personal data for their own business purposes. In addition, we do not sell any of your personal information. We shall in no event be released from our obligations towards our website visitors and users to the extent it uses such third-party providers.

More specifically, part of your personal data may be transmitted to the following recipients when you access, browse, navigate and use our Website:

RECIPIENTS
PURPOSES

Mirakl and its duly authorized employees

Provision of the services provided on the Website and management of the Website

Companies of our group and their duly authorized employees

Exclusively for operational, technical or logistical purposes, in particular for the processing of your job application

Recruitment agencies

For administrative management purposes of our recruitment campaigns

The company Greenhouse Software Inc.

For the administrative management of recruitment campaigns and the pool of applicants

Our subcontractors (hosting provider, IT service providers, etc.)

Exclusively for technical or logistical purposes

Administrative or judiciary authorities

Exclusively in the case of an express and justified request or in case of an alleged violation of legal or regulatory provisions

Lawyers and other interested parties

Exclusively in the case of the management of possible disputes and other legal matters where appropriate

Other third parties

Following or during a restructuring, reconstitution, acquisition, debt financing, merger, sale of assets of Mirakl or a similar transaction,as well as in case of insolvency, bankruptcy or receivership where personal data are transferred to one or more third parties as assets of Mirakl

4. Will your personal data be transferred outside of the European Economic Area?

As far as possible, your personal data are processed within the European Economic Area (EEA). However, some of the companies of our group, as well as our services providers being located outside of the EEA, your personal data may therefore be processed in those countries. Furthermore, we may organize events with partners outside the EEA. In this case, you will be informed that your personal data will be transferred to the third country where the partner is established upon your registration.

5. How do we protect your personal data?

We have implemented technical and organizational measures to protect your personal data, in particular, against potential data breaches likely to cause, either by accident or unlawfully, the destruction, loss, modification, unauthorized access or divulgation of your personal data. These measures will guarantee a level of security adapted to the data and will take into account the state of the art and the cost of implementation in relation to the risks and nature of the data to be protected. We use SSL certificates to encrypt the Website and only a limited number of staff have access to the data.

We guarantee that our personnel and any other person processing your personal data will respect the internal rules and procedures related to the processing of personal data, including the technical and organizational security measures put in place to protect your personal data. In this context, we review and update our practices regularly to enhance your privacy and ensure that its internal policies are followed.

If you have found a vulnerability or would like to report a security incident, visit vdp.mirakl.com.

6. For how long are personal data stored?

Generally, your personal data will only be retained for the period necessary for the accomplishment of the purposes for which said data was collected, or as necessary to fulfill legal or regulatory obligations.

In the absence of applicable exceptions:

  • the data collected via the forms on the Website (contact request/information request, access request for the Website’s resources, etc.) will be kept until the complete processing of your request;

  • the data collected for your subscription in a Mirakl’s event will be kept until the end of the next event;

  • the data collected for your subscription to the marketing communications, or the latest marketplace news published on the Mirakl blog will be kept until you unsubscribe;

  • the data collected via the recruitment form will be kept for a period of two (2) years after our last contact with you, except if the local legislation requires a different retention period or in the event of a request for deletion of your file;

  • your traffic data will be kept up to thirteen (13) months from the connection date.

In addition to this, Mirakl will keep your personal data during:

  • three (3) years for data processed for marketing purposes;

  • five (5) years for evidence purposes relating to legal claims;

  • ten (10) years from the end of the relevant fiscal year for personal data retained for accounting purposes as well as for commercial documents.

7. What are your rights regarding your personal data?

Under certain circumstances, you might have the following rights under data protection laws over your personal data

  • you can request the access to your personal data to obtain clear, transparent and understandable information on how we process your personal data and, on your rights (as provided in this policy), as well as a copy of your personal data.

  • you can request the rectification or correction of your personal data to obtain the modification of your personal data if they are obsolete, inaccurate, or incomplete.

  • you can object to the processing of your personal data when the processing is based on our legitimate interest. We will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, such as the respect of a legal obligation (e.g. legal obligation involving the retention of documents), or for the establishment, exercise or defense of legal claims.

  • you can request the restriction of the processing during a limited period of time, in particular in order to carry out some verifications, where one of the following applies:

    • you contest the accuracy of your personal data, the processing of which is thus restricted for the period necessary for Mirakl to verify the accuracy of such personal data;

    • the processing is unlawful and, rather than requesting their deletion, you prefer to restrict their use;

    • we no longer need your personal data for the purposes of the processing, but you need them for the establishment, exercise, or defense of legal claims;

    • you have objected to the processing, which is thus restricted pending the verification of whether the compelling of our legitimate grounds may override your interests, rights and freedoms.

  • you can withdraw your consent when it has been obtained, without this withdrawal affecting the lawfulness of the processing operations previously carried out.

  • you can ask to receive your personal data in a structured, commonly used and machine-readable format and also can request their transmission to another controller where technically feasible. This right is not exercised in all circumstances, it applies only if it fulfills all the following conditions:

    • your request is only related to your personal data (excluding anonymous or third party data);

    • your request does not adversely affect the rights or freedoms of others, in particular those of us (including trade secrets or intellectual property);

    • the processing is carried out by automated means (paper files are therefore not included);

    • the processing is based on consent or the performance of a contract (to check if it is the case, you can see the article 2 of this policy).

  • you can request the deletion of your personal data (or right to be forgotten), where one of the following legal grounds applies:

    • you object to the processing of your personal data and there are no overriding legitimate reasons justifying maintaining the processing of your personal data (such as our obligation to keep certain personal data);

    • you object to marketing activities;

    • you decide to withdraw your consent on which the processing is based;

    • your personal data are no longer useful for the original purposes for which they were collected or for any other type of processing;

    • the use that is made of your data does not comply with the applicable legal or regulatory provisions.

If you are based in France, you can define either general or specific guidelines regarding your personal data in the event of your death (for example, their deletion or transmission to any person of your choice). You may revoke your instructions at any time.

If you are based in USA, you have additionally:

  • the right to request Mirakl to restrict the use of your sensitive personal information such as social security number, religious beliefs etc. by limiting its use and disclosure for specific business purposes;

  • the right to opt out of the sale of your personal information to third parties. Note Mirakl is not selling your personal information nor planning to sell it.

  • the right to know that is materialized by the existence of this policy.

Under certain circumstances, Mirakl may ask you for specific information to confirm your identity and ensure the exercise of your rights. This is another appropriate security measure to ensure that personal data is not disclosed to an individual who does not have the right to receive it.

If you have any questions or wish to exercise your rights, you may fill in this form or directly contact us by sending an email to privacy@mirakl.com.

If needed, you may also lodge a complaint with your national data protection authority. This right may be exercised at any time and free of charge, at the exclusion of potential postal fees or expenses related to legal representation or assistance should you choose to engage third-party assistance for the procedure.

8. Changes to this policy & contact

This privacy policy may be amended from time to time, in particular, to reflect the changes in the services provided by the Website or the applicable regulations. Therefore, we recommend you review this privacy policy each time you visit the Website.

Should you have any questions, you may directly contact Mirakl by sending an email to privacy@mirakl.com.

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