Privacy Policy

Welcome to Wikily and our website at www.wikily.gg (our “website”). This Privacy Policy explains which Personal Data we collect from you via our website, what we use it for, when we delete it and how your data is protected.

WHO IS THE DATA CONTROLLER?

A “data controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In this sense, NX Software SAS of 60 Rue François 1er, 75008 Paris, France (“NX Software”, “we”, “us”, “our”) is the data controller. If you have any questions about data protection at NX Software in general, you can reach us by email using [email protected].

WHY DO WE HAVE A PRIVACY POLICY?

We will only use your Personal Data in accordance with the applicable data protection laws, in particular France’s Data Protection Act (Law n° 78-17 and Ordinance n° 2018-1125) (“DPA”) and the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.

WHAT IS PERSONAL DATA?

Personal Data is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.

WHAT IS SPECIAL CATEGORY DATA?

Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing

WHAT IS PROCESSING?

"Processing" means and covers virtually any handling of data.

WHEN CAN WE PROCESS YOUR PERSONAL DATA?

All Personal Data that we obtain from you will only be processed for the purposes described in more detail below. In particular, we collect Personal Data only if:

• you have given your consent;
• the data is necessary for the fulfillment of a contract / pre-contractual measures;
• the data is necessary for the fulfillment of a legal obligation; or
• the data is necessary to protect the legitimate interests of our company and business.

We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular commercial and tax law in accordance with France’s Commercial Law and Fiscal Code and others) for up to 8 years. In general, your Personal Data is saved and stored using the services of Hetzner. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

DATA TRANSFERS

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

1. Internal

If necessary, we transfer your Personal Data within NX Software. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to fulfill your order or to contact you in case of queries.

1. External bodies

Personal Data is transferred to our service providers and the specific brands that are offering their products on our website in the following instances:

• to use marketing services and to advertise our services online,
• to communicate with you,
• to provide our website, and
• to state authorities and institutions as far as this is required or necessary.

We usually do not transfer Personal Data to countries outside France or the EEA. However, if we do, we ensure that processing of your Personal Data is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection.

SECURITY OF YOUR DATA

We employ appropriate security measures to help protect your Personal Data and guard against access by unauthorized persons. Data storage is on secure computers in a locked and certified data center and information is encrypted wherever possible. We undergo periodic reviews of our security policies and procedures to ensure that our systems are secure and protected. However, as the transmission of information via the Internet is not completely secure we cannot guarantee the security of your information transmitted to our websites.

YOUR RIGHTS AND PRIVILEGES

1. Privacy rights

Under the DPA and GDPR, you can exercise the following rights:

• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;

1. Updating your information, withdrawing your consent and objecting

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.

1. Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

1. Complaint to a supervisory authority

The Commission nationale de l'informatique et des libertés (CNIL) (www.cnil.fr) is the relevant authority in France. If you believe that the processing of your Personal Data is not lawful, you can lodge a complaint with a data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the CNIL or any other supervisory authority.

1. What we do not do

• We do not request Personal Data from minors and children, without parental or guardian consent;
• We do not process Special Category Data without specific and expressly given consent;
• We do not use Automated decision-making including profiling; and
• We do not sell your Personal Data.

PURPOSES OF USE OF PERSONAL DATA AND LEGAL BASIS

1. Hosting

The hosting service used by us for the purpose of operating our website is Cloudflare. In doing so Cloudflare, processes inventory data, contact data, content data, contract data, usage data, meta data and communication data of our users, interested parties and visitors of our website and services, on the basis of our legitimate interests in an efficient and secure provision of our website and services in conjunction with the provision of contractual services.

1. Collection of access data and log files

We, or rather Cloudflare, collect data on every access to our website on the basis of our legitimate interest. The access data includes the name of our website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a few days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.

1. Cookies

For the processing of personal data using cookies and similar technologies on our website, please refer to our Cookie Policy. The legal basis for the use of cookies is our legitimate interest or your consent when you agree to the use of technically non-essential cookies as further explained in our cookie policy.

1. Cookie consent

As set out in the France’s Postal and Electronic Communications Code (Article L. 34-5) (“PECC”) and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of technically non-essential cookies. For this purpose we use a cookie consent tool, to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

1. Analytics

For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymised values. For this purpose we use Google Analytics. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.

1. Google Tag Manager

We use Google Tag Manager, which allows website tags to be managed via an interface. The Google Tag Manager only implements tags. No cookies are set, and no Personal Data is collected. Google Tag Manager triggers other tags that may collect data but does not itself access this data. The legal basis for using Google Tag Manager is our legitimate interest.

1. User account

It is possible for you to register for an account. For this purpose, you can choose a password together with your email and username, which will enable you to log in more easily without having to enter your data again. The legal basis for the processing of your Personal Data is the establishment and implementation of the user contract for the use of our services.

Alternatively, you are able to sign up using the convenience login and sign up from Discord, Google or Apple. For convenience login and sign up, you will be asked to provide your basic information (i.e., name, email address) linked to your account. When registering via our convenience function, you agree to the relevant terms and conditions and consent to certain data from your respective profile being transferred to us.

1. Profile

As a registered user, you have the opportunity to create a user profile with just a few clicks and details and the relevant profile data you provide will be posted on your profile. Of course, you can change or delete the information at any time via the settings in your profile. You have choices about the information on your profile. It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add Personal Data to your profile that you would not want to be available. The legal basis for the processing of your Personal Data is the establishment and implementation of the user contract for the use of our website

1. Use of our services

If you wish to use our services and its marketplace features, we process the Personal Data you voluntarily provide for the purpose of providing our services. Depending on how you use our services, you may provide images, contact information, etc. and upload and comment on content such as text, photographs etc. This content will be made public and may be viewed and otherwise accessed by others.

Some of the Personal Data you provide may be considered “special” or “sensitive”. By choosing to provide this data, you consent to our processing of that data. You have choices about the data you provide and how you share it. It’s your choice whether to include Personal Data and to make that information available to us. Please do not share information that you would not want to be available.

The legal basis for processing of your Personal Data and Special Category Data is the establishment and implementation of the user contract for the use of the service as well as your consent.

1. Information that we share on your behalf with others

You may share information with other users and on your behalf when you voluntarily disclose information on the service. The information shared publicly depends on your use of our services. Please be careful with your information and make sure that you are comfortable with the details you share. Of course, we also process your chats and communications with other users as well as the content you may provide to others through our website as you interact with them. The legal basis for the data processing is the fulfillment of our contractual obligations and, in individual cases, the fulfillment of our legal obligations as well as your consent.

1. Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

1. Payment Data

If you take out a subscription your payment will be processed via the payment service provider Stripe and payment will solely be processed through the payment system of Stripe. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

1. Promotional use of your data

We use your data within the legally permissible scope for marketing purposes In addition, we may draw your attention to news or special events. The legal basis for processing is our legitimate interest.

1. Aggregated Data

We also collect, use and share aggregated data such as statistical or demographic data for any purpose including improving my website. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this policy.

1. Advertising

We may work together with advertising partners who help us to make our internet offer more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). In terms of advertising we adhere to the Digital Advertising Alliance’s AdChoices program principles. For further details and opt-out options, please refer to our Cookie Policy.

CHANGE OF PURPOSE

We will only use your Personal Data for the purposes for which we collected it as detailed above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

SOCIAL MEDIA

1. General

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.

1. Market research and advertising

In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behavior and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. The legal basis is our legitimate interest.

1. When you visit our profiles and interact with us and others

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.

LINKED SITES

For your convenience, there may be hyperlinks on our website that link to other websites. We are not responsible for, and this Privacy Policy does not apply to the privacy practices of any linked websites or of any companies that we do not own or control. The website links may collect information in addition to the information we collect.

We do not endorse any of these linked websites, their products, services, or any of the content on their websites. We encourage you to seek and read the Privacy Policy of each linked website that you visit to understand how the information that is collected about you is used and protected.

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you please contact us by email using [email protected].

CHANGES

The first version of this policy was issued on Friday 16th of August, 2024 and is the current version. Any prior versions are invalid and if we make changes to this policy, we will revise the effective date.