Privacy Policy

We are particularly concerned with the protection of the personal data of our customers and users.

Below you will find the confidentiality statement of the MyArtCube platform, in other words the explanation of our practices and our commitments with regard to the processing of your personal data, in particular in compliance with the General Protection Regulations Data (GDPR).

This statement was last updated on April 3, 2024.

1. Who is responsible for processing your data on the MyArtCube platform?

The MyArtCube platform is published and technically managed by the company LE LABORATOIRE BY SKINSOFT Inc., a joint stock company under Canadian law registered under number 1178462462 and having its head office at 2B-1455, rue Drummond, Montréal (Québec), H3G1W3 (hereinafter referred to as “THE LABORATORY BY SKINSOFT”).

When you browse this platform and use its various features, various data concerning you may be collected, in particular for the purposes of providing the service, or to meet legal obligations incumbent upon LABORATOIRE BY SKINSOFT, as described in this declaration.

As publisher of the platform, LE LABORATOIRE BY SKINSOFT is responsible for processing this data within the meaning of the GDPR.

This means that we are your contact for any questions relating to the collection and use of your data on the platform. To do this, you can write to us at the email address contact@myartcube.com .

Important: LE LABORATOIRE BY SKINSOFT also implements a certain number of data processing operations on behalf of its users, for the purposes of organizing their virtual exhibitions on the platform. LE LABORATOIRE BY SKINSOFT only exercises the role of subcontractor within the meaning of the GDPR with regard to these processing operations (which are listed in the appendix to the platform’s T&Cs); any questions or complaints relating to this processing should be addressed to the user responsible for the virtual exhibition in question.

2. What data is collected about you, and for what reasons?

a. Connection to the platform (http request)

When you connect to the MyArtCube platform, a certain amount of data is automatically collected by the site host (OVHcloud) concerning your terminal (computer, smartphone, tablet) and your browser. This includes your IP address.

This data is collected for the purposes of ensuring the connection between your terminal and the site’s servers, as well as subsequently to detect bugs and cyberattack attempts.

The collection and processing of this data are thus justified by the legitimate interest of LABORATOIRE BY SKINSOFT in providing a functional, secure platform adapted to the different types of terminals and browsers present on the market, in accordance with article 6.1.f of the GDPR.

This data is kept for the applicable civil limitation period (5 years from the date of the http request) for the evidentiary reasons described below.

b. Subscription to the service

Subscribing to the service in accordance with our T&Cs requires you to provide a certain amount of information via the subscription form. Some of this information is mandatory; they are displayed as such in the form.

We also automatically collect the date and time your account was created, as well as the IP address used to do so.

This data will be used to ensure the creation and maintenance of your customer account, to issue invoices corresponding to your use of the service, as well as to communicate with you, if necessary, in connection with your use of the service. Finally, we have the obligation to collect and retain some of this data under article 6.II of French law n°2004-575 of June 21, 2004 for confidence in the digital economy.

The collection and processing of this data are thus justified both in that they are necessary for the execution of a contract concluded at your request, namely the T&Cs of MyArtCube (article 6.1.b of the GDPR), and for legal obligations incumbent on LABORATOIRE BY SKINSOFT (article 6.1.c of the GDPR).

The data linked to your account is kept for the entire duration of your account, then for the applicable civil limitation period (5 years) for the evidentiary reasons described below.

c. Payments

When you pay the amounts due to LE LABORATOIRE BY SKINSOFT under the T&Cs, we collect the IP address at the origin of the payment, the reason for the payment, your account identifier, the details of the bank card or bank account used for payment, as well as the amount, date and time of payment.

This data is necessary for the management of our own invoicing and the keeping of our own accounts. We also have the obligation to collect and store this data under article 6.II of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy.

The collection and storage of this data are thus justified both by their necessity to allow your use of the service in accordance with the T&Cs (article 6.1.b GDPR) and by the legal obligation incumbent on LABORATOIRE BY SKINSOFT (article 6.1.c GDPR).

This data is kept for a maximum period of ten (10) years, corresponding to the legal retention period for accounting documents in France (article L. 123-22 of the Commercial Code). As an exception, however, bank card details are not kept beyond fifteen (15) months following the date of the last withdrawal.

d. Content uploaded to the platform (“Customer Content”)

We automatically collect, in connection with each of the Customer Contents, the date and time of its publication and the IP address used to do so. This content and information are linked to the account of the customer concerned and thus constitutes personal data.

We ensure the hosting of Customer Content in accordance with our T&Cs, and as such have the obligation to collect and retain this data under article 6.II of law n°2004-575 of June 21, 2004 for the confidence in the digital economy.

The processing of this data is thus justified both in that it is necessary for the execution of a contract concluded at the request of the customer concerned, namely the T&Cs of MyArtCube (article 6.1.b of the GDPR), and for legal obligations incumbent on LABORATOIRE BY SKINSOFT (article 6.1.c of the GDPR).

We will keep this data for the applicable civil limitation period (5 years from the deletion of the content concerned) for the evidentiary reasons described below.

e. Reporting Customer Content

When you report Customer Content to LABORATOIRE BY SKINSOFT in its capacity as host, we collect your first and last name, your email address as well as the reasons for your report.

The collection of this data is necessary for us to process your report and get back to you, if necessary, to inform you of the action we have taken. This collection is thus justified by our legal obligations as host of Customer Content, arising from article 6 of law n°2004-575 of June 21, 2004 for confidence in the digital economy (article 6.1.c of GDPR), and by our legitimate interest in providing ourselves with evidence in the event of a challenge to your report (article 6.1.f of the GDPR).

We will keep this data until your report is completely processed, then for the applicable limitation period (civil or criminal, depending on the nature of the content concerned).

f. Preservation of evidence for possible litigation

We may keep all or part of the above data as evidence, for the applicable limitation period, as indicated in each case above. We will use it, where appropriate, to prevent, initiate or respond to any dispute relating to your use of the platform, whether you are a party to that dispute or not.

This storage is justified by the legitimate interest of LABORATOIRE BY SKINSOFT to protect and defend its rights and interests, including in court, in accordance with article 6.1.f of the GDPR.

3. Who has access to your data? Who are they shared with?

a. Hosting provider and internal recipients

Your data is hosted by a secure professional service provider established in the European Union, namely the French company OVHcloud, on servers themselves located in the European Union.

LE LABORATOIRE BY SKINSOFT teams and employees are likely to access data within the framework and limits of their functions.

b. External service providers

Some of your data may also be viewed or at least hosted by the following people and organizations:

Technical service providers assisting LE LABORATOIRE BY SKINSOFT for the maintenance and development of the platform, including the French company SKINSOFT SAS;

The payment service provider providing the payment module integrated into the Stripe service; And

Legal and accounting service providers likely to assist LE LABORATOIRE BY SKINSOFT in connection with the service and its internal management.

These providers are all located in the European Union, with the exception of Stripe, which is established in the United States of America. Data transfers to this service provider are governed by the Data Privacy Framework, an instrument deemed adequate by the European Commission in its adequacy decision of July 10, 2023.

c. Authorities, jurisdictions and parties to a dispute

We may also share all or part of the above data with the competent authorities and jurisdictions to order their communication, as well as with the authorities, jurisdictions and parties (as well as their possible advisors) to disputes that we initiate or to which we may be involved. forced to intervene, in defense of our rights and interests.

d. Buyout of the company or transfer of assets

In the event of sale or repurchase of our company, transfer of all or part of its assets, or any other equivalent transaction, we may transfer your data to the buyer or transferee concerned. We will notify you, in such a case, of the identity of this recipient and the reasons for the transfer.

4. What rights do you have to control the processing of your own data?

You have, in the same way as any other person whose personal data we collect and process as data controller, a certain number of rights provided for by the regulations.

You will find the details below. A summary table is also provided below.

You can exercise these rights simply by writing directly to the following email address: contact@myartcube.com. Remember to clearly indicate in your email the nature of the right that you wish to exercise and the reasons which justify, if applicable, your request to exercise this right.

a. Right to access

You have the right to ask us for a copy of the personal data we have about you, in an easily understandable format, as well as a copy of this Declaration on a durable medium.

b. Right of rectification

You have the right to ask us to correct, complete or update the data we have about you, if it seems inaccurate, incomplete or obsolete.

In this case, we ask that you kindly communicate to us spontaneously, as far as possible, the new information necessary to carry out the correction, completion or update requested.

c. Right to object

With regard to the data processing listed above which is justified by the legitimate interests of LE LABORATOIRE BY SKINSOFT, you have the right to object for reasons relating to your particular situation.

In other words, you can request from LABORATOIRE BY SKINSOFT the cessation of one and/or the other of these treatments in your regard, explaining the specific reasons which justify this request from your point of view.

However, it may happen that LE LABORATOIRE BY SKINSOFT refuses to respond to your request, if the continuation of this processing is necessary for compelling reasons from our point of view (for example: if the data concerned is necessary for the protection and defense rights of LABORATOIRE BY SKINSOFT in court).

The opposition (if it is based on valid reasons and there is no compelling reason to oppose it) will result in the cessation of the processing for the future, but not necessarily the destruction of the data concerned: to obtain this destruction you must exercise your right to erasure under the conditions described below, it being specified that the latter has limitations relating, for example, to the need to retain data for the protection and defense of the interests of LABORATOIRE BY SKINSOFT in court.

d. Right to erasure

You can ask us to delete all or part of the data we have about you, as long as at least one of the following conditions is met:

You have objected to the continuation of this processing in accordance with point c. above, and would also like LE LABORATOIRE BY SKINSOFT to destroy the data concerned.

The data concerned no longer appears necessary for any of the purposes set out above.

You consider that LE LABORATOIRE BY SKINSOFT has collected and/or processed the data concerned in a manner contrary to the law.

The erasure of the data concerned is required under a legal obligation.

The data concerned relates to a person who was under fifteen (15) years old when this data was collected.

Please note, however, that LE LABORATOIRE BY SKINSOFT has the right to object to the deletion of certain data, when their retention is necessary for particularly important reasons, such as the protection and defense of its interests in court.

Please also note that we may choose, instead of deleting the data, to proceed with its complete and irreversible anonymization. In this way, we will be entitled to keep this data in a format that no longer allows you to be identified (for example: for statistical purposes).

e. Right to restriction of processing

If, for example, you do not exercise your right to erasure, you can also ask LABORATOIRE BY SKINSOFT to “set aside” certain data concerning you, that is to say, to keep this data separately, without further ado. use them (except legal obligations).

You can make such a request when at least one of the following conditions is met:

The data concerned appears to you to be inaccurate, and you prefer that LE LABORATOIRE BY SKINSOFT stops using it while it checks and corrects it if necessary.

You have exercised your right to object in accordance with point c. above, and you prefer that LE LABORATOIRE BY SKINSOFT stops using the data concerned while it verifies the merits of your opposition.

You consider that LE LABORATOIRE BY SKINSOFT has collected and/or processed the data concerned in a manner contrary to the law, but nevertheless prefer that we keep the data rather than delete it.

The data concerned is no longer necessary for any of the purposes set out above, but you would like LE LABORATOIRE BY SKINSOFT to retain them despite everything for the purposes of defending your interests in court.

In these cases, we will “quarantine” the data for the necessary period, for example by marking “Do not use – Right to limitation”.

f. Right to data portability

You can ask us to send you a copy of the data provided by you on the service in a usual computer format, allowing their reuse by you or another service provider.

This “right to portability” is distinguished from the right of access in that its aim is not to obtain a copy that is necessarily readable by yourself, but rather a reusable copy of the data, in particular with a view to a change of service provider.

g. Right to define directives relating to the fate of your data after your death

Finally, you have the right to tell us how you want us to handle your data in the unfortunate event of your death.

You can in particular ask us to destroy all of your data (subject to any compelling conservation needs that we may have, for example for the purposes of defending the rights of LABORATOIRE BY SKINSOFT in court), or even to transmit a copy of all this data to a person of your choice.

You can also designate any person of your choice as responsible for the execution of these “last wishes”; this person does not necessarily have to be one of your heirs or even the executor of your estate.

► Summary table

Your rights	What they allow you to obtain	Treatment of data/ Data concerned	Conditions, exceptions or limitations
Right to access	A readable and comprehensive copy of the data that LE LABORATOIRE BY SKINSOFT has about you, as well as a copy on durable media of this Declaration	All	None
Right of rectification	Rectifying, updating or completing data concerning you	All	Clearly indicate the data to be rectified, completed or updated, as well as new data if applicable
Right to object	Cessation of processing of your data for the future	Processing based on a legitimate interest of LE LABORATOIRE BY SKINSOFT	Explain the reasons relating to your particular situation which justify the cessation of treatment
Right to erasure	The deletion of your data, or their complete and irreversible anonymization	All	See the relevant assumptions in the text above
Right to restriction of processing	The retention of your data without further use	All	See the relevant assumptions in the text above
Right to data portability	A copy of your data in a usual computer format, allowing their reuse by you or a service provider of your choice	Data provided by you on the service	Clearly indicate, where applicable, the identity of the person or organization to whom you wish LE LABORATOIRE BY SKINSOFT to send a copy of the data
Right to define directives relating to the fate of your data after your death	Respecting your “last wishes” regarding your personal data (for example: their deletion or transmission to any person of your choice)	All	Clearly indicate the people responsible for monitoring the proper execution of your instructions, who will be our contacts after your death

Do you consider that we have not responded satisfactorily to your request, or that we are processing your data illegally? We of course first invite you to contact LABORATOIRE BY SKINSOFT, so that we can discuss the problem together and try to resolve it together in the best possible way.

If you wish, however, you have the right to contact the competent authority for data protection in France, namely the Commission Nationale de l’Informatique et des Libertés (CNIL), via its website cnil.fr or by mail. postal to the following address: CNIL – 3, place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07. This right can be exercised at any time and does not incur any costs for you, apart from postal mail shipping costs if applicable, and possible assistance or representation costs if you choose to be helped in this procedure by a third party.