Updated on: 05/25/2018

 

1. Processing manager

 

The data collected is processed by SAS HAPPN with a capital of 36 486,44€ registered under the number 535 217 723 at the Paris RCS. Its headquarters are located at 8 rue du Sentier 75002 Paris, France, and the company is represented by its CEO, Mr. Didier Rappaport. 

 

HAPPN is very concerned with the protection of your personal data and the respect of your privacy. This privacy policy (along with our document on the use of cookies and our terms of service and any other document that references it) is meant to inform you on the way we process the personal data you share with us and that we collect when you use the Application and Services. We invite you to carefully read this document to better understand how we process your personal data, and to know your rights. 

 

This Privacy Policy is applicable to all Services created by HAPPN that you use (with the exception of services supplied and operated by third parties, in which case, their privacy policy applies). 

 

2. The information we collect

 

Your use of our Services makes it likely that we collect and process data necessary to the proper functioning of the Application and to the supply of the Services. It can be information you share with us directly, or data we collect automatically. 

 

2.1 Data you share directly 

 

When you use our Services, you are required to share some information, some of which may serve to identify you. When you communicate this information, you accept that some of it will be visible to the other Members of the Application, and therefore be 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, the information not marked as Public will not be visible or accessible by other Members. 

 

The information you share contains the following data: 

 

Registration data: this is the basic data that is necessary for you to register and access our Services. This data is collected by HAPPN from Facebook, via Facebook Connect, to simplify the process. When you click on “Facebook Connect”, you let Facebook share this data with us. This identity data is: 

 

  • Your photo (public): this is, at least, your public Facebook profile picture. You then have the option of removing this photo and/or adding other photos to your Account from your Facebook account or smartphone.
  • Your birthdate (private): only your age, as deducted from the birthday, will be visible to other members. You can also hide your age by subscribing to an option. 
  • Your gender (public)  
  • Your first name (public)
  • Your last name (private)

 

Sharing this information is mandatory. 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 synching your Account with Facebook. This data is: 

 

  • Information on your career (public) like your job or education. 
  • Your interests (public) like your personal preferences, hobbies, Facebook friends list allowing you to see possible friends in common on the Application. 
  • Your e-mail address (private). The Member commits to making sure the address collected from Facebook Connect is valid and/or to modify it to ease communications with HAPPN.
  • Your mobile phone number (private)
  • Your profile description (public): If you would like to, you can share additional information about you in the space provided for this purpose. This information will be visible to HAPPN Members. HAPPN does not encourage Members to share data that can be perceived as sensitive with other Member, 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. 

 

Data on your interactions with HAPPN: we may ask you to share, or you may be in a situation where you need to give us information, for example 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 a promo, game, contest, raffle, or survey, when you share your experience with our services, give testimonies, or answer one of our questionnaires. 

 

2.2 Data we collect automatically

 

When you use our services and features, we collect information regarding your activity on the Application: 

 

Activity data: when you access our Services and use the Application and its features, data on the way you use them may be collected and processed. More specifically, this includes your registration date, last connection, the type and number of interactions with other Members (like the “Hi”, Likes, crossings, and Crushes), with the third-party accounts connected to your Account (like Spotify, Instagram), or the number of transactions performed (purchasing credits or subscription(s)). 

 

Location Data (geolocation): 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. 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 newsfeed or as a map. 

 

HAPPN can, if you deliberately agree, access your position, approximatively or more precisely depending on the technology you use. HAPPN does not recreate the movements and/or itineraries of its Members, and would like to remind you that it only keeps crossing locations between Members. The exact position or the itinerary of a Member is never available to the other Members.

You are free to withdraw your consent at any time and disable your smartphone’s geolocation option. If you choose to do so, your newsfeed will no longer be updated, and your will not be able see who you have crossed paths with after disabling the geolocation option. 

 

Transaction Data: HAPPN does not collect or process any bank data. Apple’s App Store, Google’s Play Store and Microsoft’s Windows Phone 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, Google’s Play Store, or Microsoft’s Windows Phone Store is technical data that doesn’t allow us to identify you (for example, a transaction number), which serves to confirm transactions. 

 

Data on the use of the messaging service: sent messages are stored on HAPPN’s servers exclusively, to provide the Service to allow Members having a Crush to have a conversation. Messages and voice notes are strictly private and only implicate the Members involved. HAPPN’s authorized managers do not hold or exercise any rights to view these conversations, except in cases of judicial request, and/or in compliance with legislative or administrative dispositions. Additionally, Messages are strictly private and are not accessible to other Members not involved in the conversation, nor to any third party. 

 

Search preferences data: The Application lets you set search preferences for 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’ve crossed paths with and who share your search preferences on your newsfeed. 

 

Device and equipment data: we collect information from the devices and equipment you use to access our Services, including server logs, which may contain information like IP addresses, version of the application, mobile model, mobile ID, language used, operating system, application crashes, and advertisement ID. HAPPN cannot access its Members’ browser history. Data may be collected with cookies: to learn more about this, please see our document on the Use of Cookies. 

 

3. How we use the data collected

 

The data collected by HAPPN allows us to provide the Services and make sure the Application is running smoothly, which it is contractually obligated to do, in virtue of the contract biding us with the Members (Terms of Service). Your data is therefore processed for the following purposes: 

 

  1. Creating and managing your Member Account (including managing access to the Services and the customer or support services);
  2. Geolocating to suggest Profiles of Members you have crossed paths with;
  3. Managing and storing messages exchanged between Members;
  4. Sending information messages regarding the Services or your interactions with other Members (notifications);
  5. Sending happn or partner newsletters along with messages or marketing or advertising content by happn or by its partners. 

 

The data collected is also necessary to HAPPN fulfilling its legitimate interests (improving and optimizing its services, along with gaining a better knowledge of its Members and the ways in which they use the Services) and allow the company to run statistical studies, satisfaction surveys, and marketing analyses relating to the use of the Application and Services by the Members.  

As the data processing relies on the consent of Members to have their data processed, they can withdraw it at any time; withdrawal of the consent does not affect processing carried out before the withdrawal. 

HAPPN may process Members’ personal data in response to a legal request (search warrant, court order, or the like) or to comply with its legal, regulatory, judicial, or administrative obligations. 

Lastly, HAPPN can process your personal data to uncover or prevent fraudulent activities or breaches to the Service’s safety, in compliance with the law, or analyze reports of Members displaying a behavior breaching the Terms of Service. 

 

4. How data is shared

 

Only certain HAPPN employees from the customer or support 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. 

 

HAPPN may also enter into agreements with authenticated and reliable service providers and partners, who may access and/or process Members’ personal data, in compliance with the Privacy Policy, and while ensuring the safety and privacy of the Members’ personal data. These service providers and partners help us run and improve our Services, especially with regards to data hosting, surveys, analyses and statistics, the use and/or proper functioning of the Application, and providing the necessary assistance to Members, marketing and advertisement to send offers, messages, and relevant content to HAPPN Members. 

A Member’s personal data marked as “public” in article 2 above and that appears on his/her profile, is visible to other Members he/she crosses paths with and who have compatible search preferences. 

HAPPN may forward some data to a public body, if it is requested to do so, to comply with any judicial or legal request. 

Lastly, we may be required to share your data for the purposes of a corporate operation, which include, but is not limited to, a restructuring, a change in control of the company, a merger, an acquisition, a transfer, or a termination of the company. 

 

5. Overview of a Member’s rights

 

In compliance with the French Data Protection Act of January 6th, 1978 (Loi Informatique et Libertés), 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 contest 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. A Member can exercise his/her rights, granted he/she can prove his/her identity, by sending a letter or e-mail to [email protected] or by exercising his/her rights directly on the Application. 

 

For any other claim, the Member may lodge a claim with the national authority responsible for the protection of data. 

 

  • The right to access allows a 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), and article 15 of the GDPR.
  • The right to correct grants a Member the right to demand HAPPN corrects, adds to, updates or removes any personal data on him/her that 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), and article 16 of the GDPR. You can modify or rectify your information directly on the Application. You just need to go on your profile and make changes directly in the sections “My photos”, “Career and Education (Job, Company, University)”, and “About me”. To change your first name, age, or gender, go to your Facebook page and update the “About me – contact and basic info” section of your profile. 
  • The right to data portability grants a Member the right to receive the personal data he/she gave to HAPPN, in a structured, commonly used format, legible on a machine, and to forward them to another processing entity, in compliance with article 20 of the GDPR. 
  • The right to contest grants a Member the right to contest, free of charge and at his/her own discretion, the use of his/her data by HAPPN for prospection, especially commercial, and to the processing based on HAPPN’s legitimate interest, in compliance with Article 38 of the French Data Protection Act (Loi Informatique et Libertés), and article 21 of the GDPR.
  • The right to delete grants a Member the right to demand the removal, free of charge and at his/her own discretion, of the data transmitted to HAPPN, within the limits of the rights based on article 17 of the GDPR. You can delete your account using the corresponding feature on the Application.  
  • The right for the Member to set the guidelines for the retention, deletion and communication of his/her personal data after his/her death, in compliance 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 it relates to its use of Facebook Connect. Some of the data is sent to HAPPN by Facebook Connect and cannot be corrected without Facebook's assistance. 

 

The Member can also rectify most of his/her personal data, at his/her own initiative, on the Application itself.

 

6. Storage of the data

 

HAPPN will store the Member's data for as long as required in order for the Member to use his/her Account, namely:

 

  • For the length of the Member’s enrollment, plus one year; 
  • For the length of the reporting, to process a report on fraudulent behavior; 
  • For three years when the account is suspended, in compliance with article 16.4 of the Terms of Service;
  • For 13 months for cookies, in compliance with legal provisions (see the document on our Use of Cookies).

 

Furthermore, please note that in accordance with its status as a hosting provider, HAPPN has a legal obligation to retain some of its 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’Économie Numérique) of 21 June 2004.

 

HAPPN undertakes to make every effort and to invest all means at its disposal to guarantee that the stored data is 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 over 18 years of age, the parents of the minor in question should inform HAPPN of this by sending an e-mail to the address mentioned in article 9, requesting the data to be deleted. HAPPN commits to deleting all data on the minor in question as soon as possible. 

 

7. Transfer of Personal Data outside the EU

 

When registering, the Member expressly consents to his/her data being transmitted to HAPPN’s service providers and subcontractors outside the European Union, to let HAPPN run statistical studies, support members, and if need be, host data processed by the Application. 

 

HAPPN guarantees that the transfers are made under conditions ensuring the confidentiality and security of the data and providing an adequate level of protection in compliance with regulations (notably the examples of contractual clauses provided by the European Commission)

 

8. Cookies 

 

To learn more, read our document on the Use of Cookies on our website. 

 

9. Contact 

 

If you have any questions regarding this privacy policy, or any other request concerning your personal data, you can contact us: 

 

  • by filling the contact form on HAPPN’s website (www.happn.com) or directly on the Application
  • by sending an e-mail to our contact e-mail address [email protected]
  • by sending a letter to the following address: For the Representative for data protection - 8 rue du Sentier 75002 Paris – France.