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PRIVACY POLICY

PREAMBLE

Through the PLATFORM available at https://www.OpenDataSoft.com , OpenDataSoft provides Software as a Service (“SaaS”) solutions that work with open data portals, internal data references, smart city platforms, and data marketplaces to provide:

  • Processing and publication of datasets for systems management/managers;
  • User data search and visualization; and
  • Reuse of data via simple and powerful APIs for developers.
  • This privacy policy applies to you, as a user of the domain available at https://analyzemorrisville.opendatasoft.com. The purpose of this document is to provide you with information on how your personal data will be collected and processed by Town of Morrisville (hereinafter THE TOWN).

    Respect for your private life and your personal data is a priority for THE TOWN.

    As part of the use of this service, THE TOWN shall respect two essential principles:

  • You remain in control of your personal data;
  • Your data will be handled in a transparent, confidential, and secure fashion.
  • ARTICLE 1. DEFINITIONS

    Capitalized terms used but not defined herein shall have the meanings ascribed to them in the General Terms and Conditions (“GTCs”).

    ARTICLE 2. IDENTITY OF CONTROLLER

    Legal notice: The CONTROLLER is the person who determines the means and purposes of personal dataprocessing. The SUBCONTRACTOR is a person processing personal data on behalf of the CONTROLLER, who acts under the authority and direction of the CONTROLLER.

    Your personal data is collected and processed by THE TOWN, who is the CONTROLLER (collector and processor) of the personal data collected and processed by THE TOWN during the use of its DOMAIN.

    OpenDataSoft acts as a SUBCONTRACTOR of THE TOWN when the latter collects and processes data via its DOMAIN, which it manages in its sole discretion. Therefore, THE TOWN shall have the status of CONTROLLER of the data for BENEFICIARIES processed with THE TOWN’S DOMAINS and DATASETS published on THE TOWN’S DOMAINS. For example, in a case where a THE TOWN subscribes to the “MARKETPLACE” SERVICE, THE TOWN would process its BENEFICIARIES’ data in its capacity as the CONTROLLER, and OPENDATASOFT would be only a SUBCONTRACTOR.

    This Privacy Policy is limited to data processing performed by THE TOWN as part of the exploitation of its DOMAIN.

    ARTICLE 3. DATA COLLECTION & PROCESSING

    As part of the exploitation of its domain, THE TOWN will collect BENEFICIARIES’ personal data:

  • When you visit the DOMAIN;
  • When you use the functionalities and/or the SERVICES provided on the DOMAIN;
  • When you engage in exchanges with the TOWN or with other BENEFICIARIES via the DOMAIN.
  • Regardless of the manner in which personal data is collected, THE TOWN will inform you of: (a) the purposes of processing, (b) whether the responses sought are required or optional, (c) possible consequences of failure to reply, (d) data recipients, (e) the existence of a right to access, modify and oppose the data processing.

    The data that may be collected and processed by THE TOWN to accomplish the purposes described in this Privacy Policy includes:

  • Data for identification (first name, last name, postal, and e-mail addresses);
  • Data concerning the management and security of each account created from the DOMAIN (IDENTIFIERS, passwords, API keys);
  • Data concerning follow-up on commercial relationships (purchase order numbers, invoices, requests for information, and history of exchanges with departments); and
  • Connection data (IP addresses, connection logs).
  • ARTICLE 4. PURPOSES OF PROCESSING

    Your data is collected by THE TOWN to ensure:

  • The proper functioning and ongoing improvement of the DOMAIN and its functionalities;
  • Management of payments;
  • Transmission of newsletter:
  • Management of BENEFICIARIES, including commercial management, invoices and follow-up on customer relationships (e.g., customer satisfaction surveys);
  • Management of requests for rights of access, corrections, and opposition;
  • Management of overdue balances and litigation; and
  • Maintenance of statistics to improve the functioning of the DOMAIN and the quality of services it offers.
  • The TOWN will also use this data as needed for legal and regulatory purposes.

    ARTICLE 5. CONSENT

    When you open your DOMAIN, you will complete a variety of forms and provide personal data.

    By providing THE TOWN with your personal data, you expressly consent to have such data collected and processed by THE TOWN for the purposes described in each support of data collections.

    As a BENEFICIARY, you consent to have your connection data to the DOMAIN collected to facilitate your navigation.

    ARTICLE 6. DATA RECIPIENTS

    Your personal data will not be communicated, exchanged, sold, or leased without your express prior consent, pursuant to the applicable legal and regulatory provisions.

    ARTICLE 7. DURATION OF DATA RETENTION

    THE TOWN attempts to ensure that the data it collects is retained in a manner that allows your identification only for as long as necessary to achieve the purposes for which such data has been collected and processed.

    However, data establishing proof of a right or contract or data retained to comply with a legal obligation can be kept on file in accordance with the limitation periods of applicable law.

    Finally, with regard to the cookies indicated in Article 10 of this Privacy Policy, the information stored on your computer or any other element used to identify you for purposes of audience statistics shall not be retained beyond a period of thirteen (13) months. After this deadline has elapsed, raw data associated with an IDENTIFIER is either suppressed or rendered anonymous.

    ARTICLE 8. YOUR RIGHTS

    You have a right to access, correct, update, lock, or delete personal data concerning you that is inaccurate, incomplete, mistaken, out-of-date, or whose collection, use, communication, or retention is prohibited.

    Provided there are legitimate grounds to do so, you can also object to any personal data about you that THE TOWN processes.

    When making a request for the correction, deletion, updating, or locking of data processed by THE TOWN through their DOMAINS, please send an email to the address appearing on each DOMAIN, or send a message by standard postal delivery to Town of Morrisville, Attn: Town Manager, 100 Town Hall Drive, Morrisville, NC 27560, stating your identity and the reason you are requesting such action.

    ARTICLE 9. CONNECTION DATA AND COOKIES

    On its DOMAIN, THE TOWN makes use of connection data (date, time, Internet address, IP address of the visitor’s computer, page consulted) and cookies (small files registered in your computer), making it possible to identify you, store your queries, and make use of the DOMAIN’s metrics and audience statistics, particularly with regard to the pages consulted.

    While navigating on the DOMAIN, you accept THE TOWN’S installation of these “technical” cookies for the sole purpose of enabling or facilitating electronic communication between your terminal equipment and the DOMAIN, facilitating management and navigation on the latter.

    Our access to information stored in your terminal equipment, or the registering of information therein, will only be done:

  • To enable or facilitate electronic communication; or
  • As necessary for the provision of our online communication service at your express request.
  • You may, as with other data, exercise your right of access to this connection data by submitting a request via standard postal delivery to Town of Morrisville, Attn: Town Manager, 100 Town Hall Drive, Morrisville, NC 27560, with confirmation of your identity.

    If your browser allows it, you can deactivate these cookies at any time by following the procedure indicated by the browser. However, such deactivation may have the effect of slowing down and or disrupting your access to the DOMAIN. Each USER navigating on a DOMAIN should consult the privacy policy published by THE TOWN to determine the purposes and implications of such use.

    ARTICLE 10. SOCIAL NETWORKS

    You have the option of clicking on the icons dedicated to the social networks Twitter, Facebook, Google+, and/or LinkedIn appearing on the DOMAIN.

    Any personal information that you may designate as public and accessible from your Twitter, Facebook, LinkedIn, and/or GOOGLE+ profiles shall be accessible to THE TOWN, and the USER expressly authorizes this access.

    If you wish to challenge THE TOWN’S access to personal information designated as public and accessible from a link between your profiles and the applicable social network, you must use the applicable social network functions to limit such access to your data.

    ARTICLE 11. SECURITY

    THE TOWN takes necessary precautions to preserve data security based on the nature of your data and the risks posed by our processing. In particular, THE TOWN takes precautions to prevent the data from being impaired, damaged, or subject to unauthorized access. The measures taken include physical protection of our premises, authentication procedures for USERS with personal and secure access using confidential identifiers and passwords, logging of connections, and encryption of certain data.

    ARTICLE 12. PROVISIONS APPLICABLE TO RESIDENTS OF THE EUROPEAN UNION

    The following provisions apply only to Personal Data collected from residents of the European Union, regardless of where they are located at the time their Personal Data is collected.

    12.1 For residents of the European Union only, the following Article 13 applies:

    ARTICLE 13. DATA COLLECTION & PROCESSING

    THE TOWN may collect personal data concerning USERS of its DOMAIN. THE TOWN will process such data in accordance with the purposes set forth in, and in accordance with, the terms of French CNIL Decision n°2012-209 of June 21, 2012, “concerning the creation of a simplified standard for automated processing of personal data relating to the management of clients and prospects” (NS 48).

    12.2 For residents of the European Union only, Article 5 (Purposes of Processing) of the Privacy Policy is supplemented with the following provisions:

    THE TOWN shall process all data in compliance with the French Computers and Freedom Law.

    THE TOWN complies with all applicable legislation in connection with processing it conducted through its DOMAIN.

    12.3 For residents of the European Union only, Article 9 (Duration of Data Retention) of the Privacy Policy is supplemented with the following provisions:

    In the event any person exercises their right to object to the use of their personal data, the TOWN can retain such data on file until the deadline for prescription indicated in Article 8 of the French Code of Penal Procedure (i.e., for three years).

    When a USER exercises his right to object to receiving prospectuses, information substantiating his right to object shall be retained for at least three years from the exercise of his right to object. This data shall not be used for purposes other than the administration of the right to object.

    12.4 For residents of the European Union only, Article 12 (Security) of the Privacy Policy is supplemented with the following language:

    THE TOWN respects the French Computers and Freedom Law in matters pertaining to the security and confidentiality of your data.

    For residents of the European Union only, a new Article 14 is added as follows:

    ARTICLE 14. CNIL FORMALITIES

    The processing of your personal data by OPENDATASOFT has been the subject of a declaration to the French National Computers and Freedom Commission (CNIL – Commission Nationale de l’Informatique et des Libertés) under the number 1758522 prior to the launch of the PLATFORM.

    OPENDATASOFT has also appointed the law firm HAAS Avocats as Computer and Freedom Correspondent, (CIL – Correspondant Informatique et Libertés) to strengthen its policy of protecting USERS’ private lives. To contact the CIL of OPENDATASOFT, please send an e-mail to the following address: cil@opendatasoft.com