This confidentiality policy details the nature and terms of the processing of personal data implemented by the company Kactus as part of the provision of its services (the “Services”) and on its website (the “Site”).
It supplements the provisions of the T&Cs applicable to Organizers and Service Providers. Consequently, terms beginning with a capital letter herein have the meaning given to them in the General Conditions of the Site.
Kactus collects and processes the personal data of visitors to the site as well as those of representatives of its Service Providers and Organizers and Users.
Kactus collects and processes personal data in compliance with the provisions of EU Regulation No. 2016/679 (the “GDPR”) and Law No. 78-17 of January 6, 1978 known as “ Informatique et Libertés” in its current version.
Depending on the nature of the Services and the data collected, Kactus may act as data controller or subcontractor within the meaning of the GDPR.
Kactus acts as data controller and collects personal data for two main purposes:
The nature of the processing implemented by Kactus as data controller, their legal bases as well as the data collected are listed below:
| Nature | Legal basis | Personal data | Shelf life |
|---|---|---|---|
| Management of relations with the Organizers | Contract/pre-contractual measures |
Last name First names Position Employer (Organizer, Service Provider, supplier) Professional contact details (email/telephone/employer name/address) Content of exchanges (emails, notes meeting, etc.) |
Duration of the framework contract increased by three months Outside the framework contract: 3 years from the last reservation on the Site |
| Management of relationships with Service Providers | Contract duration + 3 months | ||
| Management of support requests | 1 year | ||
| Account management | Name, first names Email, professional telephone number Organizer/Regional service provider (employer) Status Organizer or Service provider | As long as the account is active. | |
| Monitoring inactive accounts | Account data Duration since last use | 4 years from last connection | |
| Management of reviews on the site and moderation | Name, first name Employer (Organizer or Service Provider) Professional contact details (email/telephone/name of employer/address) Details of the service Content of the notice Content of possible moderation | 4 years | |
| BtoB invoicing | Last name First name Position Employer (Organizer, Service provider, supplier) Professional contact details (email/telephone/employer name/address) Details of the service invoiced. | 10 years | |
| Management of contact requests | Consent |
Professional email address Estimated budget Content of the request |
If has become a customer => cf. Organizer or Partner depending on the nature of the contact. Otherwise, 3 years after the last active contact |
| Subscription to the newsletter | Email Name, first name | 3 years after the last email opening. | |
| Management of requests to exercise the rights provided for by the GDPR | Legal and regulatory obligations | Last name First name Nature of the problem encountered Content of the request Data covered by a request if applicable Methods for obtaining consent | 5 years |
For the purposes of providing the Services, Kactus collects and processes certain personal data on behalf of the Organizers and Service Providers, as a subcontractor within the meaning of the GDPR.
On behalf of the Organizers, Kactus carries out the following data processing:
On behalf of its Service Providers, Kactus carries out the following data processing:
The data retention periods applied by Kactus are determined depending on the nature of the processing and the data, as well as the legal basis for the processing. They are detailed in the article “Nature of treatments”.
Kactus acting as a subcontractor complies with the instructions of the data controller regarding data retention periods
At the end of these periods, Kactus deletes the data or sends it to the data controller if necessary, in accordance with its instructions.
However, in accordance with the recommendations of the CNIL and its legal and regulatory obligations, Kactus may keep certain data in intermediate archiving for additional periods and in particular data likely to be necessary for the preservation of its rights in the event of litigation, for a period of five years.
The data thus archived is separated from the data used in the active database and only accessible to authorized persons.
Only people authorized within Kactus to provide the Services access the data. Representatives of the Service Providers also have access to the data in order to enable them to provide the services ordered on the Site.
In certain legally defined cases, representatives of the judicial authority, law enforcement or a regulatory authority may also access, upon express and legally motivated request, certain data.
Kactus does not transfer personal data outside the European Union.
If Kactus is required to use subcontractor service providers to provide its Services, and the service provider is located outside the European Union or likely to carry out all or part of the subcontracted processing outside the European Union, Kactus undertakes to implement ad hoc means to enable the transfer to the service provider concerned (Standard Contractual Clauses, adequacy decision, etc.).
Data subjects have rights of access, modification, rectification, erasure and, where applicable, portability of personal data concerning them.
The rights of access, modification, rectification and deletion provided for in the previous paragraph are exercised through customer service at the following email address: privacy@kactus.com.
In the event of difficulty relating to the management of their personal data, the person concerned has the right to lodge a complaint with the CNIL or with any competent supervisory authority.
Furthermore, Users of the Site understand and acknowledge that in the event of transfer of their data to a Service Provider for the purposes of providing the Services, the exercise of their rights relating to the transferred data must be exercised directly with the third party concerned.
BIRD OFFICE, a simplified joint-stock company with a capital of €76,442.70, headquartered at 29 Rue Taitbout, 75009 Paris, registered under identification number 799 306 253 with the Paris Trade and Companies Register, as the contributing company, on the one hand,
AND
KACTUS, a simplified joint-stock company with a capital of €2,072.62, headquartered at 10 Rue de Penthièvre, 75008 Paris, registered under identification number 812 350 684 with the Paris Trade and Companies Register, as the beneficiary company, on the other hand,
The companies BIRD OFFICE and KACTUS have drawn up a partial asset contribution project that they have decided to submit to the legal framework of splits in accordance with articles L. 236-27 and following of the Commercial Code.
Under the terms of this contribution agreement, the company BIRD OFFICE contributes to the company KACTUS the entire and autonomous branch of operational management of contracts and clients.
The assets contributed at net book value amount to 7,159,043 euros.
The liability assumed by the company KACTUS (net book value), the recipient of the contribution, amounts to 5,303,259 euros.
The net assets contributed will amount to 1,855,784 euros.
As compensation for the contributed net assets, the company BIRD OFFICE will be allocated 107,226 shares with a nominal value of 0.01 euros each, created by the company KACTUS through a capital increase of an amount of 1,072.26 euros.
The contribution premium will amount to 1,854,711.74 euros. The balance, which is 154.47 euros, will be the subject of a cash adjustment, to which the company BIRD OFFICE will waive its rights.
The creditors of the companies BIRD OFFICE and KACTUS, whose claims predate this notice, may object under the conditions and within the deadlines provided for by articles L. 236-14, R. 236-8, and R. 236-10 of the Commercial Code.
The draft contribution agreement was established on November 20, 2023, and was filed with the Registry of the Commercial Court of Paris on behalf of the companies BIRD OFFICE and KACTUS on November 21, 2023.