Terms starting with a capital letter have the meanings of the terms defined in the Terms of Service.
The data collected is processed by SAS HAPPN, a company with a capital of €36 486,44 registered under number 535 217 723 in the Paris Trade and Companies Register. The company’s headquarters are located at 8 rue du Sentier 75002 Paris, France, and it is represented by its CEO, Mr. Didier Rappaport.
HAPPN collects and processes personal data on you when you use the HAPPN application or when you communicate with HAPPN. It may be information you share with us directly, or data we collect automatically.
3.1 Data you share directly
When you use our Services, you share information with us, some of which may be used to identify you. When you communicate this information, you accept that some of the data will be visible to the other Members of the Application, and therefore made public on the Application. In an effort to help you identify this information easily, it is signaled as ‘public’ below. HAPPN cannot be held liable for data published on its platform and disclosed by a Member. However, information not marked as Public will not be visible or accessible by other Members; such information is signaled as ‘private’ below.
HAPPN collects and processes data relating to your registration and data relating to your interactions with HAPPN.
3.1.1. Registration data
This is the basic data required for you to register and access our Services.
This data is collected by HAPPN using different methods depending on the type of registration you choose.
Data can be collected from Facebook, via Facebook Connect, to minimize the formalities (using the procedure you choose at registration). When you click on “Facebook Connect”, you agree to let Facebook share this data with us.
In addition, you can register using a cell phone number and, if this is the case, your data will be sent to HAPPN directly by you.
This data relates to your identity.
Depending on your type of registration, this information is mandatory for the supply of the Services. If you do not share it, HAPPN will not be able to supply the Services offered in the Application and you will not be able to create an Account.
You may add additional information to improve your Profile. This information is optional, shared at your own discretion, and is your sole responsibility. You can add this information directly to your Profile on the Application and/or via Facebook Connect by syncing your Account with Facebook. This data is as follows:
Your description is a free text area, HAPPN does not encourage Members to share data that can be perceived as sensitive with other Members, or with HAPPN through the Application. Sensitive data refers to data that is legally qualified as “sensitive” by the General Data Protection Regulation (“GDPR”). More specifically, it includes information on race or ethnicity, political opinions, religious or philosophical beliefs or affiliation with a union, along with information on health, sexual life or sexual preferences (“Sensitive Data”). If a Member decides to share such information on his/her profile regardless, it is deemed to have been “clearly made public” by the Member who shared it, according to the GDPR.
3.1.2. Data relating to interactions with HAPPN:
When you contact our customer or support services, report an issue with our services, ask for help, exercise your personal data rights, or participate in promotional activities, games, competitions or surveys, when you share your experience of our services, give testimonies, or answer one of our questionnaires, HAPPN will collect, depending on the case, the following personal data:
This data will be collected by HAPPN when you ask for help from our customer service, exercise your rights over your personal data, report a problem or another user. Such information is required to handle reports or answer your requests. Without this information, the report or your request cannot be handled. This type of information must also be processed when a report has been made against you.
In fact, HAPPN has a legal obligation to collect reports from its Members brought to its knowledge regarding contents or behavior likely to infringe our Terms of Service.
Such data is collected by HAPPN when you take part in our games and competitions, answer our surveys and satisfaction questionnaires, share your experiences. This data is mandatory if you wish to take part in the games and competitions organized by HAPPN. Without this data, HAPPN may not register you for games or competitions. However, data on your experiences and satisfaction is optional.
3.2 Data we collect automatically
When you use our services and features, we collect information on your activities on the Application:
When you access our Services and use the Application and its features, information on the way you use them is collected and processed. HAPPN is obliged to collect such information when you use the Services. Without this data HAPPN cannot supply the Services linked to the HAPPN application.
More specifically, this includes your registration date, last connection, the type and number of interactions with other Members (such as Hellos, Likes, crossings, and Crushes), with the third-party accounts connected to your Account (such as Spotify, Instagram), or the number of transactions performed (purchasing Hellos or subscription(s)).
The Application’s main value and purpose is to allow Members to find other Members they have crossed paths with to facilitate virtual and/or real-life meet ups. Your crossing points are only collected with your consent. In fact, you will be asked to authorize the collection and processing of your location data to allow HAPPN to identify your crossing points with other Members who agreed to be geolocated.
The crossing points let HAPPN show you profiles of Members you have crossed paths with and who meet your search criteria. These crossing points can be displayed as a news feed or as a Map (Mapping).
You are free to withdraw your consent at any time and disable the geolocation option on your smartphone. If you choose to do so, your news feed will no longer be updated, and you will not be able to see who you have crossed paths with after disabling the geolocation option.
You can also ask that your profile, and therefore your crossing points, are no longer displayed on the Map (Mapping). In this case, you will only appear in the news feed of other Members. Equally, you will no longer be able to see the profiles of Members you have crossed paths with on the Map (Mapping); you will only see these profiles on your news feed. For this, go to the application and click on “My preferences” then go to the bottom of your screen and disable the option “Share my crossing cluster”.
HAPPN can, if you expressly agree, access your position, approximately or more precisely depending on the technology you use. After you have given consent, you are free to withdraw your consent at any time and disable your smartphone’s geolocation option. If you choose to do so, your news feed will no longer be updated, and you will not be able to see who you have crossed paths with after disabling the geolocation option. The exact position or the itinerary of a Member is never available to other Members.
Messages are sent and stored on HAPPN’s servers, to provide the Service to allow Members with a Crush to have a conversation. Messages and voice messages are strictly private and only implicate the Members involved. HAPPN’s authorized managers do not exercise any rights to view these conversations. These Messages are not transmitted or communicated to third parties except in cases of judicial requests, and/or in compliance with the applicable legislative or regulatory provisions. Moreover, Messages are strictly private and are not accessible to other Members who are not involved in the conversation, nor to any third party.
The Application lets you set search preferences by age and gender. You can change these settings in the Application and specify the age range and, after agreeing to HAPPN collecting and processing your data, the gender of people you are looking for, so you can be matched exclusively with profiles you crossed paths with and who meet your search criteria. You will then only see the Members you have crossed paths with and who share your search preferences on your news feed.
Transaction Data: HAPPN does not collect or process any banking data. Apple’s App Store and Google’s Play Store have opted to refrain from sending certain types data to mobile applications, which includes any banking and financial information. This data is collected and processed solely by the above platforms, and HAPPN does not have the option of changing this payment method. The only information exchanged between HAPPN and Apple’s App Store or Google’s Play Store is technical data that does not allow us to identify you (for example, a transaction number), and is used to validate transactions.
4.1. Supply of services and features according to our terms of service
Legal basis: Execution of the contract
The data collected by HAPPN is required to make sure the Application is running smoothly and to supply the Services, which it is contractually obliged to provide to Members under the service contract biding the two parties (Terms of Service).
4.2. Geolocation to suggest profiles you have crossed paths with
Legal basis: Consent
When you have given your consent, you are free to withdraw it any time by disabling the geolocation option on your smartphone. Withdrawal of consent does not affect any processing carried out before the withdrawal.
The aim of the Application is to help you find other Members whose paths you have crossed. In fact, it allows you to identify your crossing points with other Members who have agreed to be geolocated. These crossing points allow HAPPN to show you profiles of Members you have crossed paths with and who meet your search criteria.
4.3. Suggesting relevant offers and contents (marketing and advertisements)
Legal basis: Legitimate interest
This processing is based on the legitimate interest of HAPPN to share its offers and to provide information on its service to third-party websites. You can object to receiving emails from HAPPN at any time by clicking on the “Click here to unsubscribe” link provided for this purpose in the emails you receive. You may also object to sharing data with third-party websites, social networks and third-party applications, by contacting us (see section 11. Contact).
Legal basis: Execution of the contract
This processing is required for the performance of the contract between HAPPN and the Member since the dissemination of these advertisements constitutes the counterpart of using the application.
4.4. Improving and optimizing our services and our knowledge of how you use them
Compatible subsequent use
This processing for statistical purposes is compatible with the following purposes; the provision of services and features; the provision of relevant offers and content; data security and combating illegal activities.
4.5. Guaranteeing the security of your personal data
Legal basis: Legitimate interest
This processing is based on HAPPN’s legitimate interest in guaranteeing the security of its application and the data it processes. You can object to this use at any time by contacting us (see section 11. Contact). However, HAPPN may continue to implement the processing if it justifies legitimate and compelling reasons.
4.6. Preventing and combating illegal or unauthorized activities (breaches of the terms of service) and complying with legal requirements
Legal basis: Legal obligation
These processes are based on HAPPN’s legal obligation, as a data host, to remove illegal content as soon as it becomes aware of it (Article 6 of the French Trust in the Digital Economy Act [Loi pour la Confiance dans l’Économie Numérique) of 21 June 2004]) and on its obligation to respond to requests to exercise Members’ rights over their personal data (Articles 12 to 22 of GDPR).
Legal basis: Legitimate interest
This processing is based on HAPPN’s legitimate interest in preventing and stopping fraudulent activities that may be carried out on its Services. You can object to this use at any time by contacting us (see section 11. Contact). However, HAPPN may continue to implement the processing if it justifies legitimate and compelling reasons.
Only certain HAPPN employees from customer services and authorized managers process Members’ personal data for the purposes described above. These employees and authorized managers only have access to the data necessary to perform their duties.
As part of the marketing and advertising operations outside the application intended for non-Members, your data will be transmitted to third-party sites, social networks and third-party applications unless you object.
In addition, at the request of state bodies, in particular the judicial authorities, and in order to comply with any judicial or legal request, HAPPN may transmit the personal data of its Members.
Lastly, we may be required to share your data for the purposes of corporate operations, which include, but are not limited to, a restructuring, a change in control of the company, a merger, an acquisition, a transfer, or a termination of the company.
The personal data of Members processed by the Application is hosted in the European Union.
However, the personal data of Members are transferred to HAPPN subcontractors located outside the European Union, for Member support, report management, advertising and marketing.
Companies to whom we transfer personal data located in the United States adhere to the EU-US Privacy Shield. This mechanism has been recognized by the European Commission as providing an adequate level of protection for personal data.
However, transfers of data outside the European Union may also be made to countries in relation to which no adequacy decision has been taken by the European Commission on the protection of personal data. HAPPN guarantees that transfers are made under conditions ensuring the confidentiality and security of the data and providing an adequate level of protection compliant with regulations. These transfers are governed by standard contractual clauses of the European Commission.
In compliance with the French Data Protection Act of January 6th, 1978 (Loi Informatique et Libertés, 78-17), and the GDPR, every Member has a right to access, rectify, and a right to data portability and removal of his/her personal data, along with a right to object to or limit processing of his/her personal data, and the right to decide on the way to handle the personal data after his/her death. In an effort to address its Members’ concerns, HAPPN commits to respecting the protection of personal data and to process requests as soon as possible.
Members may exercise their rights, subject to proving their identity, by sending an email to [email protected], by exercising their rights directly via the Application, or by sending a letter to the following postal address: for the attention of the Data Protection Officer, HAPPN - 8 rue du Sentier 75002 Paris – France.
For any other claim, the Member may lodge a request with the national authority responsible for data protection.
These rights may only be exercised within the limits of HAPPN’s resources as it relates to its use of Facebook Connect. Some data sent to HAPPN by Facebook Connect cannot be corrected without Facebook’s assistance.
HAPPN will store the Member’s data for as long as required in order for the Member to use his/her Account, namely:
HAPPN undertakes to make every effort and to invest all means at its disposal to guarantee that the stored data is kept as secure as possible. However, it is the Member’s responsibility to take appropriate measures 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 an adult, the parents of the minor in question should inform HAPPN of this fact by sending an e-mail to one of the contacts mentioned in Article 11 “Contact”, requesting the data to be deleted. HAPPN commits to deleting all data on the minor in question as soon as possible.