Privacy Policy

PREAMBLE.

THE NODE attaches the utmost importance to the protection of privacy and personal data collected from Candidates in connection with applications made via the Platform, as defined below.

The purpose of this privacy policy is to inform creator users (the “User(s)” or “Creator(s)”) of the platform accessible at tracker.thenode.gg/form/operagx (the “Platform”) published and operated by THE NODE SAS, a simplified joint stock company with a capital of €133,4, whose registered office is located at 455 rue Alfred Sauvy, 34470 Pérols, France, registered with the Montpellier Trade and Companies Register under number 894 679 398. (“THE NODE”), the commitments and measures taken to comply with the regulations governing the protection of their personal data (hereinafter the “Privacy Policy”).

Through this Privacy Policy, THE NODE undertakes, as data controller, to make the necessary commitments and implement the appropriate measures to ensure the protection, confidentiality, and security of Users' personal data and to ensure that all processing and collection operations of said data are carried out in compliance with the applicable provisions, in particular European Regulation 2016/679 of April 27, 2016 (“GDPR”) and Law No. 78-17 of January 6, 1978, known as the “Data Protection Act. ”

This Privacy Policy may be modified or supplemented at any time by THE NODE in connection with the operation of the Platform, in particular to comply with any legislative, regulatory, jurisprudential, or technological developments.

1. IDENTITY OF THE DATA CONTROLLER.

For the processing and collection of data on the Platform, the designated data controller is THE NODE, whose contact details are as follows:

  • - Email: remy@thenode.gg
  • - Phone:

2. PERSONAL DATA COLLECTED, PURPOSE AND LEGAL BASIS FOR PROCESSING.

THE NODE takes great care to collect and process its Users' personal data under the strict conditions that it is relevant, adequate, not excessive, and strictly necessary for the purposes that have been previously determined, namely the analysis of their applications with a view to the possible conclusion of subsequent partnership agreements.

In general, Users may visit the Platform without providing any personal information about themselves, but they must accept and acknowledge that they will not be able to use certain features for which the transmission of such information is essential, in particular, submitting their application to THE NODE. In any event, Users are under no obligation to provide this information to THE NODE via the Platform. However, if they refuse to do so, they may not be able to benefit from certain information or services that they have requested. The processing of personal data carried out by THE NODE is based on the following legal grounds, determined according to the purpose pursued:

  • For the management of the contractual relationship and the performance of the services requested, the legal basis is the performance of the contract or pre-contractual measures taken at the User's request;
  • For commercial prospecting activities concerning services similar to those already provided, THE NODE relies on its legitimate interest in developing its customer base. The User's free and informed consent constitutes the legal basis for sending commercial communications relating to services other than those previously provided, as well as for the processing of sensitive data where applicable;
  • Finally, certain legal obligations to which THE NODE is subject justify certain processing, particularly in relation to accounting and tax matters.

The User expressly acknowledges that acceptance of the Privacy Policy also implies their consent to the processing of their personal data as described herein, and in particular:

  • Their surname, first names, gamertag, username, and date of birth;
  • Their contact details (email address and telephone number);
  • Their technical browsing information;
  • Their identity data, telephone number, address, and country of residence.

The User's personal data collected by THE NODE is used for explicit, legitimate, and specific purposes. It is used by THE NODE:

  • Either for the purpose of analyzing applications that have been submitted;
  • Or for commercial purposes, and more specifically for proposals for future partnerships;
  • For human resources and payroll management purposes in the event of a partnership;
  • For contact, communication, statistical, commercial, and/or promotional purposes.

The provision of personal data in this context is voluntary. If the User does not provide this personal data, they will not be able to submit their application to THE NODE via the Platform.

THE NODE does not necessarily collect sensitive personal data through the use of the Platform. By voluntarily providing sensitive personal data to the Platform, either by submitting an online application, the User expressly consents to the use of their personal data as described in this Privacy Policy.

3. DATA RETENTION PERIOD.

The User's personal data is retained by THE NODE for the period corresponding to the purpose of collection. This period shall be understood to be the entire duration of the contractual relationship established between THE NODE and the User, plus ONE (1) month for promotional and prospecting purposes, without prejudice to retention obligations or limitation periods.

4. USER RIGHTS.

In accordance with the GDPR on the protection of personal data, the User has a number of rights regarding their personal information, including:

  • Right of access: The User has the right to request access to the personal data that THE NODE holds about them and to obtain a copy of it. In order to comply with your request, THE NODE reserves the right to ask the User to prove their identity.
  • Right of rectification: If the User finds that some of the data held by THE NODE about them is inaccurate or out of date, they may contact THE NODE to request its rectification.
  • Right of erasure: The User has the right to request that their data be deleted from THE NODE's systems. Unless THE NODE has a legitimate reason to continue processing or storing it, it will do its utmost to comply with the request.
  • Right to data portability: Under certain conditions, the User has the right to receive all the personal data they have provided when submitting their application, in a structured format, and also to require THE NODE to transmit it to another controller if this is technically feasible.
  • Right to restrict processing: The User has the right to restrict the processing of their data if:
    • They contest the accuracy of their personal data, until THE NODE has taken sufficient steps to correct or confirm its accuracy;
    • THE NODE no longer needs their personal data for processing purposes, but the User needs this data to initiate, assert, or defend against legal claims; or
    • The User has objected to the processing on grounds relating to their legitimate interests, pending verification of whether THE NODE's legitimate and compelling reasons for continuing the processing override those interests.
  • Right to object to processing on grounds of legitimate interests.
  • Right to withdraw consent at any time. For example, if the User refuses to receive electronic marketing communications that they previously received, they can use the “unsubscribe” link provided in THE NODE's emails or contact THE NODE directly.

The User may exercise these rights by contacting THE NODE:

  • By post: THE NODE – 455 rue Alfred Sauvy, 34470 Pérols, France
  • By email (data controller): remy@thenode.gg

In the event of refusal or failure to respond by THE NODE within THIRTY (30) days of receipt of the request, the User is also informed that they have the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés) either:

  • Via the following URL : www.cnil.fr;
  • By post : 3 place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

5. SUBCONTRACTORS AND COMMUNICATION.

THE NODE may use external service providers to perform certain processing operations, who will then act as subcontractors within the meaning of the GDPR, including:

  • Opera Norway AS, a company incorporated under Norwegian law with its registered office at Vitaminveien 4, 0485 Oslo, Norway, a business partner of THE NODE;
  • THE NODE reserves the right to modify the list of subcontractors it uses (additions or removals), provided that it informs the User in advance.

These subcontractors are rigorously selected and are contractually bound to comply with the GDPR. THE NODE remains responsible for the processing carried out on its behalf. The exact list of the main categories of subcontractors is available on request from the data protection officer.

6. DATA TRANSFERS.

Unless otherwise notified to the User, personal data is processed and hosted within the European Union. In the event of transfer to a third country, THE NODE ensures that appropriate safeguards are in place in accordance with the GDPR and equivalent to those granted by the regulations in force, in particular by concluding standard contractual clauses approved by the European Commission or verifying an adequacy decision. The User is informed of any transfer and the safeguards put in place.

7. SECURITY (SITE AND DATA).

The Platform is provided “as is” and “as available” without warranty of any kind. Access to and use of the Platform is at the User's own risk.

Risks for the User.
It is the User's responsibility to take all appropriate measures to protect their own data and/or software stored on their telephone and/or computer equipment against any damage, malfunction, virus, hacking, bug, etc. (this list is not exhaustive).

By using the Platform, the User assumes all negative consequences that may arise from its use.

Risks on the Internet.
The technical performance of the Internet requires processing time to respond to, consult, query, or transfer services. The User declares that they are aware of and accept the limitations and issues of the Internet network for which THE NODE, as the operator of the Platform, cannot be held liable (the following list is not exhaustive):

  • The characteristics and limitations of the Internet, in particular the functional characteristics and technical performance of the Internet;
  • Problems related to connection and/or access to the Internet and/or websites;
  • Problems related to network availability and congestion;
  • Problems related to network failure or saturation;
  • Problems related to transit times, access to online information, response times for displaying, viewing, querying, or otherwise transferring data;
  • Risks of interruption;
  • The lack of protection of certain data against possible misuse or hacking;
  • Risks of contamination by possible viruses circulating on said networks.

THE NODE undertakes to make every effort to protect its Users' personal data against any loss, destruction, alteration, unauthorized access, or disclosure. To this end, THE NODE implements appropriate technical and organizational measures, taking into account the nature of the data and the risks involved in its processing, to preserve the security and confidentiality of your personal data.

These measures may include practices such as limited access to data by service personnel, contractual guarantees in the event of the use of an external service provider, the performance of privacy impact assessments, regular reviews of our practices and procedures, and physical and/or logical security measures (secure access, authentication process, backup copies, antivirus software, firewalls, etc.).

THE NODE reserves the right to retain certain data in order to justify, where applicable, the proper performance of its contractual or legal obligations. The data thus retained will be limited to what is strictly necessary for the operation of the service.

8. CONTACT.

For any requests for information concerning the personal data protection policy, Users may send a letter to the data controller or THE NODE's DPO at one of the following addresses:

  • By post: THE NODE – 455 rue Alfred Sauvy, 34470 Pérols, France;
  • By email (data controller): remy@thenode.gg