lemwarm Privacy Policy

as of June 7th, 2023

Privacy and security are of utmost importance to lemlist (here in after known as “lempire”, “Provider,” “us”,“we”, “the App” or “the Site”) and we strive to ensure that our technical and organizational measures in place respect your data protection rights.

This Privacy Policy describes how we manage, process and store personal data submitted in the context of providing our services. “Personal data” refers to any information relating to an identifiable individual or his or her personal identity.

It applies to the processing of personal data carried out on lemwarm.com and completes the legal notice and the General Conditions of Use that can be consulted by users at the following address.

https://www.lemwarm.com/terms

We use the personal data submitted to us only in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR")and the French Data Protection Act of 6 January 1978 (referred together as the“Applicable Regulation”).

The data controller

When browsing our Website, or for the customer relationship management, the data controller is lempire SAS, a company registered under France law number 823 475082 with the Paris Trade & Companies Register and having its registered office at 128 rue La Boétie, 75008 Paris, France (“We” or “Us”).

Howewer, when we provide our services to our clients, we process personal data on their behalf and for their own purposes. Our clients act therefore as data controllers in accordance with Article 4 of GDPR while we act as data processor.

If you have any question, please contact our Data Protection Officer: privacy@lempire.com.

Personal Data Collected

When you subscribe to our services, the following data is collected and managed : First name, last name, email, phone number, Intra-community VAT number (when applicable), mailing address, country, IP address(es) and domain name, login, password.
By using our services, the following data is collected and managed : log-in data and browsing data when you authorize it, order history, complaints, incidents, information on subscriptions and messages on our site.
Some data is collected automatically by reason of your activity on the site(see paragraph on cookies below).
The data submitted should not include any sensitive personal data, such as government identifiers (i.e. social security, driving licence, or tax payer identification numbers), complete credit card or complete personal bank card numbers, medical records or particulars connected with applications for care or treatment associated with private individuals.

PURPOSES OF PROCESSING AND LEGAL BASIS

Your personal data is processed to meet one or several of the following purposes. Each purpose is associated with a legal basis, the list of which can be found below.

Based on our legitimate interest of offering you a safe, optimum, efficient, and personalized experience, we carry out processing operations for the following purposes :

• To solve any problems and improve the use of our sites and services.
• To personalize, assess, and improve our services, content, and materials.
• To analyze the volume and history of your use of our services.
• To inform you about our services as well as our partners’ services and/or promotional offers.
• To sign up to our newsletters, use case studies and marketing material.

On the performance basis of a contract to which you are a party, we carry out processing operations for the following purposes:

• To provice our services.
• To facilitate performance, including verifications relating to you.

On the bases of your consent, we carry out processing operations for the following purposes:

• To use cookies, as described in our cookies policy.

Based on the compliance with our legal and regulatory obligations, we carry out processing for the following purposes:

• To prevent, detect and investigate any activities that are potentially prohibited, unlawful, contrary to good practices and to ensure compliance with our terms of use and sending policy.
• To answer to exercise of rights.

THIRD PARTY DISCLOSURES

Personal data relating to you collected on our website are destined for lemwarm’s own use and may be forwarded to lemwarm’s partner companies so that we may obtain assistance and support in the context of carrying out our services.
lemwarm ensures that it has in place clear data protection requirements for all its third-party providers.
We do not sell or rent your personal data to third parties for marketing purposes whatsoever.
In addition, lemwarm does not disclose your personal data to third parties, except if:

• you (or your account administrator acting on your behalf) requests or authorized disclosure thereof.
• the disclosure is required to process transactions or supply services which you have requested (i.e. to check you are employing best practices in your mailings or for the purposes of processing an acquisition card with credit-card issuing companies) ;
• lemwarm is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application ;
• or the third party is a subcontractor or sub-processor of lemwarm in the carrying out of services(lemwarm uses the services of an Internet provider, a telecommunications company, a host provider, CRM tools, customer support client tools, invoices tools, payment tools, analytics tools).

DATA RETENTION PERIODS

Your personal data is kept for the periods set out below :

• Personal data collected for the execution of the services as well as information about how and when you use the services: The time needed to provide to you our services, and in no event no longer than 3     years after closing your account (unless otherwise required by law).
• Personal data collected in order to send newsletters, requests and direct marketing: 3 years from data collection or last active contact with the prospect.
• Personal data collected for evidentiary purposes: Duration of the statutory limitation period (generally 5 years).
• Personal data collected as part of your data subject’s rights: If we ask you for proof of identity, we only retain it for the time necessary to verify your identity. Once the verification has been carried out, the proof is deleted.

If you exercise your right to object to direct marketing: we keep this information for 3 years. The information allowing the management of your requests to exercise your rights under the GDPR will be kept for 3 years from the date of the request.

LOCATION OF DATA STORAGE AND TRANSFERS

The host serverson which lemlist processes and stores its databases are located exclusivelywithin the European Union.

Regarding the tools we use (see article “Third party disclosures” on recipients of thecollected data, concerning our processors), your personal data could be transferred outside the European Union. The transfer of your data within this framework is secured by the following safeguards:

• These data are transferred to a country which has been deemed to offer an adequate level of protection by the European Commission.
• Or we have concluded with our processors a specific contract governing the transfer of your data outside the European Union, based on the standard contractual clauses approved by the European     Commission between a data controller and a processor.

SECURITY

Within the framework of its services, lemwarm attributes the very highest importance to the security and integrity of its customers’ personal data.

Thus and in accordance with the GDPR, lemwarm undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorized circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorized persons.

To this end, lemwarm implements industry standard security measures to protect personal data from unauthorized disclosure. Using industry recommended methods of encoding, lemwarm takes the measures necessary to protect information connected with payments and credit cards.

Moreover, in order to avoid in particular all unauthorized access, to guarantee accuracy and the proper use of the data, lemwarm has put the appropriate electronic, physical and managerial procedures in place with a viewto safeguarding and preserving the data gathered through its services.

Not with standing this, there is no absolute safety from piracy or hackers. That is why in the event a breach of security were to affect you, lemwarm undertakes to inform you there of without undue delay and to use its best efforts to take all possible measures to neutralize the intrusion and minimize the impacts. Should you suffer any loss by reason of the exploitation by a third party of a security breach, lemwarm undertakes to provide you with every assistance necessary so you are able to assert your rights. Moreover if, by some exceptional case, the direct loss incurred a rose due to fault or gross negligence by lemwarm, you will be able to seek compensation within the limit of liability referred to in our Terms of Use.

You should keep in mind that any user, customer,or hacker who discovers and takes advantage of a breach in security renders himor herself liable to criminal prosecution and that lemlist will take allmeasures, including filing a complaint and/or bringing court action, topreserve the data and the rights of its users and of itself and to limit theimpacts.

YOUR DATA PROTECTION RIGHTS

In accordance with the French Data ProtectionLaws and the European General Data Protection Regulation 2016/679 (GDPR) you haveseveral rights related to the collection of your personal data:

• Right to be informed: This is precisely why we have drafted this privacy policy.Right of access: You have the right to access all your personal data at any time.
• Right to rectification: You have the right to rectify your inaccurate, incomplete or obsolete personal data at any time.
• Right to restriction of processing: You have the right to restrict the processing of your personal data in certain cases stated in art.18 of the GDPR.
• Right to erasure (‘right to be forgotten’): You have the right to demand that your personal data be deleted and to prohibit any future collection.
• Right to file a complaint to a competent supervisory authority (in France, the CNIL), if you consider that the processing of your personal data constitutes a breach of applicable regulations.
• Right to define instructions related to the retention, deletion and communication of your personal data after your death.
• Right to withdraw your consent at any time: for purposes based on consent, Article 7 of the GDPR provides that you may withdraw your consent at any time. Such withdrawal will not affect the lawfulness of the processing carried out     before the withdrawal.
• Right to data portability: You have the right to receive the personal data you have provided us in a standard machine-readable format and to require their transfer to the recipient of your choice.
• Right to object: You have the right to object to the processing of your personal data. Please note however that we may continue to process your personal data despite this opposition for legitimate reasons or for the defence of legal claims.

How to exercice your rights :

You can exercise these rights by sending us a support ticket directly on the support chat (either on the website or on the app) or, by sending an email at privacy@lemlist.com. Your requests will be processed within 30 days. We may require that your request be accompanied by a photocopy of proof of identity or authority. You are also able at any time to modify personal data by logging into your account and navigating to “User Settings”.

Right to refer to the supervisory authority :

If you believe, after having contacted us, that your rights on your data are not respected, you can address a complaint to the competent Supervisory authority of your country of residence.

In France, where our head office is located, the control authority is the CNIL.

Newsletters and marketing emails :

For those of you that have expressly opted in to receive our lemwarm newsletters, you are easily able to unsubscribe by following the “unsubscribe” links included in every email sent.

Testimonials :

lemwarm publishes a list of Customers & Testimonials on its sites with information on our customers’ names and job titles. lemwarm undertakes to obtain the authorization of every customer before publishing any testimonial on its websites. If you wish to be removed from this list, you can send us an email to privacy@lemlist.com and we will delete your information promptly.

Third party data :

In the context of using our services, namely creating emailing campaigns and contact lists, lemwarm has access to the information contained in the email contact lists you create in your account, as well as the subject and content of the emails that you send out via our services.  In no case does lemwarm sell, share or rent out your contact lists to third parties, nor does it use them for any purposes other than those set forth in this policy. We will use the information from your contact lists only for legal requirements, to invoice and collect summaries for our own statistics and for the purposes of providing you with customer support services. As creator of the contact lists and associated email campaigns, you are considered the data controller within the meaning of the GDPR, and lemwarm is acting only as a data processor. In this capacity, you are responsible in particular for:


• complying with all current regulations in force, including the data protection laws,
• making all the declarations necessary to the relative data protection authority,
• obtaining the explicit consent of the persons concerned when collecting their personal data,
• ensuring your authority to use the personal data collected in accordance with the defined end purposes and refraining from any unauthorized use.

If a recipient of your emails sent via our services requests us to modify or delete his/her personal data, we will honor that request after proper verification and will inform you of it.

PRIVACY POLICY CHANGES

lemwarm reserves the right to update this Privacy Policy at any time, in particular pursuant to any changes made to the laws and regulations in force.

Any modifications made will be notified to you via our website or by email, to the extent possible, thirty (30) days at least before any changes come into force. We would recommend that you check these rules from time to time to stay informed of our procedures and rules relating to your personal information.

CONTACT US

If you have questions, you can email at Data Protection Officer directlyat: privacy@lemlist.com or by mail to:lempire SAS, Attn:

Data Protection Officer / Legal Department, 128rue La Boétie, 75008 Paris, France.

COOKIE POLICY

1. What is a Cookie?

When browsing our sites, cookies, pixels, tags and other trackers (here after referred to as “Cookies”) are installed on your computer. A cookie is a small file, often encrypted, that is stored in your browser or device and is identified by a name. It is installed when you visit a site or application. Each time you return to the said site or application, the Cookie is retrieved from your browser or device. This ensures that each time you visit the site or application, the browser is recognized. The installation of these Cookies is likely to enable us to access your browsing data and/or personal data concerning you.

2. Cookies Identification

Technical and functional Cookies


Technical and functional Cookies are necessary for the proper functioning of the Site and to provide you with our services. They are used throughout your navigation, in order to facilitate it and to carry out certain functions. For example, a technical Cookie may be used to store your responses to a form or your preferences regarding the language or layout of the Site, where such options are available.

We use the following technical and functional Cookies:

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Advertising Cookies


Advertising Cookies may be created not only by our sites but also by other websites and applications that serve ads, announcements, widgets or other elements displayed on the page.
These Cookies can be used, among other things, to personalize and measure the effectiveness of advertising or to carry out targeted advertising.

We use the following Advertising Cookies:

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Analytical Cookies


These Cookies allow us to measure the number of visits, page views and user activity. If necessary, they may collect your IP address to know the city from which you are connecting. Analytical Cookies allow us to generate statistics on the use and navigation of our Site in order to improve our performances. The Cookies used also allow us to identify navigation problems and eventually to solve them.

We use the following Analytical Cookies:

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3. Your Cookies preferences

Cookies that can be installed without consent


Some cookies do not require your consent, such as:

• Technical or functional Cookies that are necessary for the operation of the site;
• Certain Cookies for audience measurement or Cookies that enable testing different versions of the site for the purpose of optimizing editorial choices.

Acceptance or refusal of Cookies subject to your express consent



All other Cookies require your consent. These include Advertising Cookies, Social Networking Cookies, Content Personalization Cookies and some Audience Analysis Cookies. You may freely choose to accept or decline the use of these Cookies.

You can accept or refuse these Cookies the first time you browse the Site.

Your choices to accept or refuse these Cookies will be retained for a period of six (6) months.

You are free to withdraw your consent and more generally to change your preferences at any time via the link "Manage cookies" at the bottom of each page.

Your browser settings


It is also possible to set your browser to accept or reject certain Cookies