Article 1: Personal Data Protection
1.1 Data controller – Data recipients
Data are collected by:
SAS HAPPN with a capital of 36 486,44€ registered under the number 535 217 723 at the Paris RCS.
The headquarters are located 8 rue du Sentier 75002 Paris and the company is represented by its CEO Didier Rappaport.
Only some of the support team employees and authorized managers can process the data for the purpose described at article 1.2. These employees and authorized managers only have access to the data necessary to the performance of their duty.
These subcontractors allow HAPPN among other things to establish statistics on the volume of traffic and/or the use of the app and/or ensure the smooth operation of the service.
The Member’s personal data identified as “available to the public” at article 1.3 which are visible on his/her profile are only available to the Members he crossed paths with and who fits his/her criteria.
1.2 Purpose of the process of personal data by HAPPN
The data collected by HAPPN are necessary to the smooth operation and improvement of the service proposed by the Application to the Members.
These data can also allow HAPPN to realize statistical studies and marketing analysis relating to the use of the Application and its services by the Members. It allows HAPPN to send promotional messages from advertisers and other partners via the Application. However, HAPPN never transfers any personal data of its Members to such advertisers and partners.
HAPPN can access, store and share the Member’s personal data with authorized third parties in order to answer to a legal demand or to conform itself to legal obligations, to detect or prevent fraudulent activities or security attempt to the services, in application of the legislation.
1.3 Fair Collection of Personal Data – Type of data collected
Identity data: The registration form must be completed in order to access the Services, and HAPPN collects the data from Facebook, via Facebook Connect, to simplify the process. Members are required to provide some personal data when registering:
• Photos: the Member must at least provide their public Facebook profile picture. The Member then has the option of removing this photo and/or adding other photos to his/her Account from his/her Facebook account or smartphone.
For the sake of transparency, the published photos must represent the member and shouldn’t mislead the other Members on his identity and/ or physical appearance.
These photos cannot represent neither a famous person nor include the photo of a minor, neither represent a racist, chocking, illegal, sexual message nor contained personal information.
The photos are published in the App under the sole responsibility of the Member.
By becoming a Member, the latter accepts the publication of his photos on the App.
• His/her date of birth (only the age calculated based on the date of birth is visible on HAPPN via Facebook)
• His/her sex (publicly visible on HAPPN)
• His/her first name (publicly visible on HAPPN)
• His/her interests (publicly visible on HAPPN)
• His/her surname (not visible to the public on HAPPN)
• His/her e-mail address (not visible to the public on HAPPN) . The Member guaranty that he will check the validity of his e-mail address and/or modify it in order to facilitate the communication with HAPPN.
The other personal data the Member can add to his/her profile are not mandatory and can be communicated at his/her sole discretion (directly or by Facebook Connect) and under his/her sole responsibility.
A Member can authorize the access to his/her Facebook list of friends in order to see during his visit of another profile on the App the list of shared friends.
The Member may also provide happn with his mobile phone number in order to receive SMS alerts. In all cases, the Member's e-mail address, surname and phone number shall not be visible or available to the public.
Location Data (geo-tracking): HAPPN has for main purpose and vocation to allow Members to find the people they’ve crossed path in order to facilitate virtual or real life meet up.
The Member will be asked for permission to collect and process his/her geo-tracking in order to allow HAPPN to identify the crossing points with other Members that accepted the geo-tracking.
The news feed is created by these crossing points which permits to propose to the Member only profiles that he crossed path with and that fits his/her criteria.
HAPPN may, in case of express consent, access the Member's position, approximately or more precisely depending on which technology is being used. HAPPN does not track the movements and/or itinerary of its Members and reminds keeping only the crossing points between the Members.
The exact position or the itinerary of the Member is not available to the other Members.
The Member is free to withdraw his/her consent at any time, and deactivate the geo-tracking technology on his smartphone. By doing that, the Member’s news feed is not updated anymore and the member cannot see the other Members he /she has crossed path with after the deactivation of the geo-tracking technology.
Transaction Data: HAPPN does not collect or process any bank data. The Apple App Store, Google Play Store and the Windows Phone Store have opted to refrain from sending certain data to mobile applications, which includes any banking and financial information. Such data is collected and processed solely by the above platforms, and happn does not have the option of changing this payment method.
Communications Data exchanged: Communication data is stored on HAPPN’s servers solely in order to provide the Service that allows conversations to take place between members having a Crush.
Messages and vocal messages are strictly private and shall only implicate the Members in question. No managers or employees hold or exercise any rights to view these conversations or the circumstances surrounding them, including those authorized to process data except in case of judicial request, legislative or administrative disposition and/ or in case of element of proof provided to HAPPN by a Member in the eventuality of a reporting.
Moreover, these strictly private Messages shall not be accessible to other Members who have not participated in such Messages, or to unconcerned Internet users or any third parties.
Research preference Data: By default the app is set on the research of the opposite gender (man>woman- woman>man) and on the research of person that are 18 to 70+ years old.
The Member should modify and fill in the age range and gender of the people they are looking for in order to see only the profiles they have crossed paths with that fit their criteria. HAPPN collects this data and undertakes to comply with Article 8 of the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978.
Mobile Data: When the Member uses the Application, HAPPN collects server logs which may include information such as IP addresses, operating systems or application crashes. HAPPN cannot access its Members' browsing history.
1.4 Complementary information concerning the data collected
HAPPN ensures that the personal data the Member has published on the Application is strictly invisible to non-registered internet users and third parties. HAPPN cannot be held liable for data published on its platform and disclosed by a Member.
The Member's profile will not appear on the Application to Members with whom he/she has crossed paths but who are not compatible with his/her preferences.
1.5 Sensitive Data
Certain data is legally classified as “sensitive” pursuant to Article 8 of the French Act n° 78-17 of January 6, 1978, known as the Loi Informatique et Libertés (French Data Protection Act).
The Member may decide to provide sensitive data related to him/her on his/her description such as (for example and not limited to) his/her ethnic origin or political views, and thereby expressly consents to the collection of such sensitive data.
The Member won’t be in any case forced to give us some sensitive data and HAPPN does not encourage the disclosure of such sensitive data. Despite that, if the Member decides to disclose such data on his/her profile, the disclosure is considered as an express consent to the collect and process of these data by HAPPN.
1.6 Member Rights
In accordance with the French Data Protection Act, each Member has the right to access, correct and contest his/her personal data. HAPPN is attentive to its Members' concerns, and therefore undertakes to comply with personal data protection rules and deal with requests of this kind as soon as possible. Subject to proof of identity, Members may exercise their rights by sending a letter or e-mail to the address shown in Article 17 of these TCOU.
• The right to access allows the Member to ask happn for data pertaining to him/her in an accessible format, based on Article 39 of the French Data Protection Act (Loi Informatique et Libertés).
• The right to correct grants the Member the right to ask happn to correct, add to, update or delete any personal data pertaining to him/her which is inaccurate, incomplete, ambiguous, out-of-date, or whose use, communication or storage is prohibited based on Article 40 of the French Data Protection Act (Loi Informatique et Libertés);
• The right to contest grants the Member the free-of-charge and discretionary right to contest the use of its data by happn for the purpose of commercial prospection, based on Article 38 of the French Data Protection Act (Loi Informatique et Libertés).
- The right to cancel grants the Member the right to ask the suppression free of charge of the data transmitted to HAPPN within the limit of the legal obligation imposed to HAPPN as a hosting provider.
- The right for the Member to set his or her guidelines for the retention, deletion and communication of his or her personal data after his or her death, based on Article 40-1 of the French Data Protection Act (Loi Informatique et Libertés).
These rights may only be exercised within the limits of HAPPN’s resources as regards its linking with Facebook Connect. Some of the data is sent to happn by Facebook Connect and cannot be corrected without Facebook's assistance.
The Member can at his/her initiative rectify most of his/her personal data on the App.
1.7 Lack of cession of your personal data
The personal data, visible or not to the other Members, are not commercialized by HAPPN to third parties.
1.8 Storage of Personal Data
HAPPN will store the Member's personal data for as long as required in order for the Member to use his/her Account. The Member is however informed that all of his/her personal data shall be stored for one year after his/her account is deleted so that it can be reallocated if the Member signs up again.
Furthermore, please note that in accordance with its status as a hosting provider, happn has a legal obligation to retain some of Members' personal data for a period of one year based on Article 6, II of the French Trust in the Digital Economy Act (Loi pour la Confiance dans l’Economie Numérique) of 21 June 2004.
Pursuant to the Decree of 25 February 2011 pertaining to the retention and communication of data, the retention period applied to happn is calculated from the moment the content is created for data referred to by 1° and 2° of Article 6, II of the French Trust in the Digital Economy Act, i.e.:
• The username used to log in which is at the source of the communication;
• The username assigned to the content by the information system;
• The protocol types used;
• The operation type;
• The operation dates and times;
• The username used by the originator of the operation if provided by the latter.
The retention period applied to happn is calculated from the moment the agreement is cancelled or the profile is deleted for the data referred to by 3° of the same Article, i.e.:
• First names and surnames
• Any aliases used
• Linked e-mail addresses or Accounts
• Phone numbers
• The password and data used to verify or amend the profile (most recent version).
HAPPN undertakes to make every effort and to invest all means at its disposal in order to guarantee that the stored data is as secure as possible. It is however the Member's responsibility to take appropriate action in order to protect his/her data.
HAPPN shall not collect data from minors. Should a Member lie about his/her date of birth, and particularly if he/she fraudulently claims to be over 18 years of age, the parents of the minor in question may inform happn of this by sending a letter to the address shown in Article 17 in order to request that the data be deleted. HAPPN undertakes to delete all data on the minor in question as soon as possible.
1.9 Transfer of Personal Data outside the EU
When registering, the Member expressly consents to his/her data being transmitted to subcontractors and hosted on servers by our service providers outside the European Union, for proper provision of the service, to the end of elaborating statistical studies and for the purpose of providing customer care support to Members.
Happn guarantees that the transfers are made under conditions ensuring the confidentiality and security of the data and providing for an adequate level of protection with respect to the Article 68 and 69 of the French Data Protection Act (Loi Informatique et Libertés).
Article 2: CNIL Declaration
2.1 CNIL Declaration
The Application collects information on its Members, and it has been the object of declarative formalities to the CNIL.