Last update: 6th December 2023

The company Ody SAS (“Kolet”, “we”, “us”, “our”) operates Kolet mobile application (the “Kolet App”) allowing you to activate your eSIM and order local plans at an affordable price depending on your travel destination.

While you are accessing and using the Kolet App, you communicate your personal data to Kolet. Please read this privacy policy carefully as it explains how Kolet uses your personal data and how exercise your rights accordingly. This privacy policy completes the Terms & Conditions, as well as any documents or notices that may refer to this privacy policy.

Should you have any questions, you may directly contact Kolet by sending an email at [email protected]

1. WHO IS THE DATA CONTROLLER OF YOUR PERSONAL DATA?

As publisher of Kolet App, Kolet is the data controller of the personal data collected for the administrative, operational and commercial management of the Kolet App.

When you order a plan, the local telephone operator is the data controller of the personal data related to this plan.

2. What kind of personal data IS processed by Kolet?

Type of data	Examples of data
Identification data	Fist name, last name
Contact details	Email address, phone number
Information related to your travel	Travel date, travel duration, travel destination (country code)
Data related to your order	Information related to the activation of your eSIM, number, date, content and price of your orders (i.e., plans associated with your eSIM), payment method, information related to the use of the plans associated with your eSIM, order history
Data related to your customer support request	Date, hour, subject and content of your customer support request, your exchanges with the customer support service including your mobile phone screen sharing (with your approval only) when necessary for providing you with the upmost customer support

The provision of certain types of personal data may be necessary or optional, depending on the services you wish to receive. Mandatory data will be marked as such at the moment of collection. If you refuse to provide mandatory data, Kolet may not be able to process your request (e.g., eSIM activation request, order request, customer service request).

Most of your personal data are directly provided by you on Kolet App. However, when you decide to request an eSIM through a third-party service provider’s platform (e.g., your airline company, hotel, airport, etc.), this third-party service provider will communicate some of your personal data to Kolet (e.g., your email address, travel destination (country code) and travel start date) in order to allow us to proceed your eSIM request.

You may also decide to order an eSIM and associated plans for third parties on Kolet App. In this case, you shall ensure that you communicate such data to Kolet in accordance with the applicable personal data protection regulations, in particular by informing the third parties about the processing of their personal data by Kolet.

Furthermore, Kolet App also automatically collects the following data through cookies and other tracker technologies:

Type of data	Examples of data	Purposes
Internet or other electronic network activity information	Date and time of your access and use of Kolet App, IP address, location (city), device, browser, operating system, system configuration data	Such data is necessary for the proper functioning of Kolet App, as well as for audience measurement.

3. For what PURPOSES does Kolet use your personal data?

Kolet processes your personal data for the following purposes only:

Purposes	Examples of use of your personal data	Legal bases
Creating and managing your Kolet account	to create your Kolet Account on Kolet App based on the information received from third-party service providers (where applicable) to send you an email in order to provide you with your authentication means on Kolet App to allow you to activate your eSIM and ordering associated plans	Performance of the Terms & Conditions
Proceeding your orders	to provide you with your eSIM and associated plans to manage invoices and payments to manage our relationship with you	Performance of the Terms & Conditions
Managing the customer support service	to manage your requests, inquiries or complaints to provide you with customer support service in case of technical or logistic issues on Kolet App, including your mobile phone screen sharing (with your approval only) when necessary for providing you with the upmost customer support to refund you when required	Performance of the Terms & Conditions
Direct marketing communications	to send you communications about Kolet’s activities and related services that might interest	Legitimate interest of Kolet to develop its business activities with existing customers
Improving Kolet App, its services and your customers experience	to evaluate and improve Kolet App and its services to set up and provide Kolet App maintenance to facilitate your access and use on Kolet App to take steps designed to protect the security of Kolet App	Legitimate interest of Kolet to improve Kolet App, its services, and your customer experience
Pre-litigation or litigation management	to take action against any identified breach to manage any dispute or litigation	Legitimate interest of Kolet in defending its rights and interests
Compliance with legal and regulatory obligations	to comply with applicable legal and regulatory obligations to manage your requests when you exercise your rights	Legal and regulatory obligations to which Kolet is subject

4. Who can access your personal data?

Your personal data may be transmitted to the following recipients when you access and use Kolet App and its services:

Recipients	Purposes
Kolet and its duly authorized employees	For the administrative, operational and commercial management of Kolet App and its services as indicated in the Section 3 of this Privacy Policy
Local telephone operators	For providing you with the plans ordered on Kolet App and associated with your eSIM
Service providers of Kolet (hosting provider, payment provider, IT providers, etc.)	For operational and technical purposes related to Kolet App and its services
Administrative or judiciary authorities	Exclusively in case of an express and justified request from them or in case of an alleged violation of legal or regulatory provisions
Lawyers and all interested parties	Exclusively in the case of the management of possible disputes and other legal matters where appropriate
Other third parties	Following or during a restructuring, reconstitution, acquisition, debt financing, merger, sale of assets of Kolet or a similar transaction, as well as in case of insolvency, bankruptcy or receivership where personal data are transferred to one or more third parties as assets of Kolet.

5. Will your personal data be transferred outside of the EUROPEAN UNION/EUROPEAN ECONOMIC AREA?

As far as possible, your personal data is processed within the European Union (EU)/European Economic Area (EEA).

However, your personal data can be transferred to third countries due to the global nature of the services provided on Kolet App, in particular when you order a local plan provided by a telephone operator located outside the EU/EEA. In addition, Kolet uses service providers that may also be located outside the EU/EEA.

In the event that the third country does not ensure a level of protection of personal data equivalent to the EU/EEA, Kolet ensures that the personal data transfer is covered by appropriate safeguards (e.g., standard contractual clauses, transfer impact assessments, etc.). A copy of such safeguards can be obtained by sending an email directly to Kolet at [email protected]

Name of the recipient	Third country	Adopted safeguards
Stripe, Inc.	United States	Data Privacy Framework certification
Intercom	United States	Data Privacy Framework certification
Google Cloud Platform	United States	Data Privacy Framework certification
Posthog	United States	Data Privacy Framework certification
Sentry	United States	Data Privacy Framework certification
Slack	United States	Data Privacy Framework certification

6. HOW DOES KOLET PROTECT YOUR PERSONAL DATA?

Kolet has implemented appropriate technical and organizational measures in order to protect your personal data, in particular against potential personal data breaches likely to cause, either by accident or unlawfully, the destruction, loss, modification, unauthorized access or divulgation of your personal data. These measures guarantee a level of security adapted to the data and take into account the state of the art and the cost of implementation in relation to the risks and nature of the data to be protected.

If you have found a vulnerability or would like to report a security incident, you may send an email at [email protected]

7. For how long are your personal data STORED?

As a general rule, your personal data will only be retained for the period necessary for the accomplishment of the purposes for which said data was collected, or as necessary to fulfill legal or regulatory obligations.

In the absence of applicable exceptions:

the data related to your Kolet account (including data related to your orders) will be kept until the deletion of your Kolet account at your request or in case of inactivity of your Kolet account for two (2) years; and
the data related to your customer support request will be kept until the complete processing of your request.

Beyond these retention periods, Kolet will store your personal data in an archived database during:

three (3) years for the data processed for direct marketing purposes;
five (5) years for the data processed for evidence purposes; and
ten (10) years for the data processed for accounting purposes.

Regarding the cookies and other tracker technologies used on Kolet App:

the information collected through these cookies and other tracker technologies will be kept for a maximum period of twenty-five (25) years; and
the lifespan of these cookies and other tracker technologies is a maximum of thirteen (13) months.

8. What are your rights regarding your personal data?

If you are based in the EU/EEA/UK, you have the following rights over your personal data:

Your rights	Scope of you rights
Right to access	You have the right to request: the confirmation on whether Kolet processes your personal data or not; a copy of such personal data; and information on the use of your personal data by Kolet in a clear, transparent and understandable way (as provided in this Privacy Policy).
Right to rectification	You have the right to request the rectification of your personal data, in order to obtain the modification of your personal data if your personal data is obsolete, inaccurate or incomplete.
Right to delete	You have the right to request the deletion of your personal data (or right to be forgotten), when one of the following conditions applies: you object to the processing of your personal data and there are no overriding legitimate reasons justifying to maintain the processing of your personal data (e.g., legal obligation); you object to marketing activities; you decide to withdraw your consent on which the processing is based; your personal data are no longer useful for the original purposes for which it was collected or for any other type of processing; or the use that is made of your data does not comply with the applicable legal or regulatory provisions.
Right to restriction of processing	You have the right to request the restriction of the processing during a limited period of time, in particular in order to carry out some verifications, where one of the following conditions applies: you contest the accuracy of your personal data, the processing of which is thus restricted for the period necessary for Kolet to verify the accuracy of such personal data; the processing is unlawful and, rather than requesting their deletion, you prefer to restrict their use; Kolet no longer needs your personal data for the purposes of the processing, but you need them for the establishment, exercise or defense of legal claims; or you have objected to the processing, which is thus restricted pending the verification of whether the compelling legitimate grounds of Kolet may override your interests, rights and freedoms.
Right to data portability	You have the right to request a copy of your personal data in a structured, commonly used and machine-readable format and also can request their transmission to another data controller where technically feasible. This right is not exercised in all circumstances, it applies only if it fulfils all the following conditions: your request is only related to your personal data (excluding anonymous or third party data); your request does not adversely affect the rights or freedoms of others, in particular those of Kolet (e.g., trade secrets) those of third-parties (e.g,. intellectual property right); the processing is carried out by automated means (paper files are therefore not included); or the processing is based on consent or the performance of a contract (to check if it is the case, you can see the Section 3 of this policy).
Right to object	You have the right to object to our processing of your personal data at any time if the processing is based on our legitimate interest. Kolet will no longer process your personal data, unless they demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, such as the respect of a legal obligation or for the establishment, exercise or defense of legal claims.
Right to withdraw your consent	You have the right to withdraw your consent when it has been obtained, without this withdrawal affecting the lawfulness of the personal data processing operations previously carried out.

It is specified that the exercise of these rights is based on the legal basis of the processing as indicated in Section 3 of this policy, as follows:

	Access	Rectification	Erasure	Restriction	Data portability	Objection
Consent	Yes	Yes	Yes	Yes	Yes	Withdrawal of consent
Steps prior to entering into a contract	Yes	Yes	No
Contract	Yes	Yes	No
Legitimate interest	Yes	No	Yes
Legal obligation	No	No	No

Depending on your country of residence, you may have additional local rights with respect to our processing of your personal data. For example, if you are based in France you can define either general or specific guidelines regarding your personal data in the event of your death (e.g., their deletion or transmission to any person of your choice). You may revoke your instructions at any time.

Under certain circumstances, Kolet may ask you for specific information in order to confirm your identity and ensure the exercise of your rights. This is another appropriate security measure to ensure that personal data is not disclosed to an individual who does not have the right to receive it.

If you have any questions or wish to exercise your rights, you may directly contact Kolet by sending an email at [email protected]

If needed, you may also lodge a complaint with your national data protection authority. This right may be exercised at any time and free of charge, at the exclusion of potential postal fees or expenses related to legal representation or assistance should you choose to engage third party assistance for the procedure.

9. Changes to this policy

This policy is clearly dated and may be modified and updated by Kolet at any time, in particular in the event of changes related to the services available on Kolet App or the applicable law. Therefore, we recommend that you consult this policy each time you access Kolet App. If applicable, the updated policy will be communicated to you by any appropriate means.

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