DTAXBACK – PRIVACY POLICY

 

Information relating to the protection of your personal data when you use our Application and Services

 

Our DTAXBACK application (the “Application”) is aimed at assisting and helping you to benefit from the exemption of the payment of the value added tax (“VAT”) in relation to goods purchased in France (the “Tax Exemption”). To that end, we will carry out all administrative formalities, notably before the French Customs Administration, so that you can easily obtain the refund of the VAT in relation to the goods purchased in France (the “Services”). The Services we provide you are completely dematerialized and all interactions between you and us will be achieved through the Application. Consequently, if you want to benefit from our Services, you will have to download and install our Application and register to it by creating an account.

 

By choosing to download, install, register, access or otherwise use our Application, you hereby understand and acknowledge that DTAXBACK will collect and process personal data relating to you (the “Personal Data”) in accordance with the conditions described below. 

 

1. CONTROLLER OF YOUR PERSONAL DATA

 

The company DTAXBACK (“we”, “us” or “DTAXBACK”) is the data controller of the processing of your Personal Data as carried out to operate the Application and/or to provide you with the Services. You will find the contact details of DTAXBACK in the Legal Notice.

 

DTAXBACK commits and ensure that your Personal Data are processed in accordance with the EU General Data Protection Regulation 2016/679 of 27 April 2016 (the « GDPR ») and the French Act No. 78-17 of 6 January 1978 on data processing, data files and individual liberties (the “French Data Protection Act”), as amended, and any other applicable data protection laws (together, the “Data Protection Laws”). 

 

2. TYPES OF PERSONAL DATA WE COLLECT WHEN YOU USE OUR APPLICATION AND SERVICES

 

2.1 Information collected by us when you register to our Application

 

When you register to our Application, you are required to provide us with information in order to access our Services.

 

In this context, DTAXBACK may collect Personal Data directly from you including:

 

• Contact information*: first name, last name, postal address, phone number, email address, birth date.
• Payment information*: bank details (IBAN, etc.), electronic wallet identifier. Credit card information, if collected, will be collected by DTAXBACK partners and DTAXBACK will not collect or process them and will not be the controller of such data processing. Note that you are free to choose the method of payment which will be used by DTAXBACK to refund you the VAT.
• The duration of Your stay in the EU*.
• Identification document(s)*: copy of your passport, ID, etc.
• Information relating to your account in the Application*: password, security questions, etc.
• The real time location of the mobile device if you allow it

 

Note that if you do not provide us with the mandatory information identified by an asterisk in the registration form and hereinabove, we will not be able to grant you access to our Application nor provide you with the Services. This is because we must collect these pieces of information to deliver the Services properly and to comply with legal obligations to which we are subject.

 

2.2 Information collected when you use our Services

 

When we provide you the Services, we will interact with you, exchange information and carry out formalities for you. 

 

In this context, we may notably collect the following information:

 

• Transaction information*: amount, date, hour, etc. in relation to a transaction (e.g., refund of VAT).
• Information relating to the purchase you carried out*: goods purchased, price, location of the retail store, date and hour of the purchase, invoice, signature, Export Sales Form.
• Your device location if using our chat tool for the Customer services as provided in the chat’s Fair Privacy Notice.
• Any other information that you decide to provide us in the course of our contractual relationship (e.g., when you contact our Customer Service and provide some personal information).

 

Note that if you do not provide us with the mandatory information identified by an asterisk hereinabove, we will not be able to provide you with the Services. This is because we must collect these pieces of information to deliver the Services properly and to comply with legal obligations to which we are subject.

 

2.3 Information collected when you use our Application

 

Apart from the information we collect directly from you, we can also collect information relating to you when you use our Application to provide you with customized features or for security purposes.

 

When you connect to our Application, we will collect technical information relating to your use of our Application such as the date and time of connection, log files, troubleshooting activities, performance reports, etc. We will also collect technical information relating to the device on which you use our Application such as information about your device type, device identifiers, crash reports, etc.

 

3. HOW DO WE COLLECT PERSONAL DATA RELATING TO YOU?

 

We collect Personal Data directly from you when you register to our Application, use our Application and, more generally, when you and us exchange as part of our relationship in the context of the provision of the Services. 

 

We do not collect your Personal Data from third-parties. If, in the future, we intend to collect Personal Data from third-parties, we will inform you in advance and request your explicit consent.

 

4. PURPOSES AND LEGAL BASIS FOR THE PROCESSING

 

We use your Personal Data to: Communicate with you and answer any request you may have; Enter into contractual relationship with you; Perform our contractual obligations to you; Allow you to use and access the Application; Operate and provide the Application; Provide you with our Services, including but not limited to, carry out all formalities required to benefit from the Tax refund, including interacting with the French Customs Administration, refund you the VAT, etc.; and  Improve our Services by identifying technical issues in the functioning of the Application, resolving troubleshooting issues, measuring performance, etc.

 

The processing of your Personal Data is necessary for DTAXBACK to:

 

Take steps prior to entering into contractual relationships with you; Perform our contractual obligations pursuant to the contractual terms entered into between you and us under the Mandate Agreement, the General Terms and Conditions of Sale and the Terms of Use; Comply with legal obligations to which we are subject, including but not limited to, in our capacity as seller involved in the Tax Exemption process; and

 

Pursue our legitimate interest; for example, it is our legitimate interest to:

 

Protect your account from any security threats and keep your account safe and secure; Improve our Application and Services; Provide you with information about our services and offers; and Respond to foreign law enforcement requests.

 

When we process your Personal Data based on our legitimate interest, we always make sure that it is not overridden by your interests or fundamental rights and freedoms.

 

5. RECIPIENTS

 

The Personal Data collected through the Application or while providing the Services are processed by DTAXBACK. They may be transmitted and processed by DTAXBACK’s subsidiaries or affiliates when necessary for the provision of the Services. 

 

In order to provide you with our Services, we will also have to communicate your Personal Data to the French Customs authorities, Tax authorities, and any other French authority or administrative body competent as strictly necessary to provide you with the Services.

 

If we are required to do so under applicable law, we may have to disclose your Personal Data in connection with law enforcement requests or legal or regulatory proceeding. Unless it is prohibited by applicable law, we will notify you of any request for disclosure of your Personal Data and we will give you the opportunity (whenever reasonable and possible, including from a legal standpoint) to seek appropriate protection measures or other remedies to challenge the request for disclosure or limit the scope of disclosure. When disclosing your Personal Data we will do our best reasonable efforts to obtain guarantees that your Personal Data will be kept confidential. 

 

We may also disclose your Personal Data to investigate or combat potential unlawful use of our Application or Services. 

 

Unless expressly stated under this Section, the Personal Data will otherwise not be transmitted to any third party without obtaining your prior express consent.

 

6. TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN UNION

 

Your use of our Application and Services may involve the transfer of your Personal Data outside the European Union territory. We will always implement appropriate safeguards for such transfers in accordance with Data Protection Laws. 

 

7. SECURITY

 

When you use our Application, we take and implement technical and organizational security measures which we deem appropriate to protect your Personal Data against any unlawful or accidental destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data and any other form of unlawful or unauthorized processing, pursuant to the requirements of the GDPR and the French Data Protection Act. We guarantee that we will do our best possible efforts to ensure that your Personal Data are maintained secure and confidential at all times, including by our employees or agents or subcontractors. 

 

8. DATA RETENTION

 

We will keep your Personal Data as long as necessary during our contractual relationship. 

 

Note however that laws or regulations applicable to us may require us to keep and preserve some information, including your Personal Data, for longer periods. In such case, we will store your Personal Data in intermediary archiving and for a duration strictly necessary to comply with the legal obligations which we are subject to.

 

For instance, it is our legal obligation to store in archiving electronic Export Sales Forms during six (6) years in case of control from customs or tax authorities.

 

9. YOUR RIGHTS

 

Under French law, you have a right of access, rectification and erasure (under certain circumstances) of your Personal Data and a right to the portability of your Personal Data. You also have the right to restrict the processing under certain circumstances and to object to the processing in the cases when the processing of your Personal Data is based on our legitimate interest. You also have the right to formulate specific and general directives relating to the retention, erasure and communication of your Personal Data after your death.

 

You can exercise any of those rights at any time by contacting us at the following email address: hello@dtaxback.com

 

We will answer to such request as soon as possible and pursuant to the requirements of Data Protection Laws. 

 

10. AMENDMENTS TO OUR PRIVACY POLICY

 

We may bring amendments or update to this Privacy Policy. The last applicable version of the Privacy Policy is always accessible in our Application and website.

 

In the event of significant change to the conditions of processing carried out by DTAXBACK, we will do our best to inform you in advance of such change. You will thus be in a position to review our updated version of the Privacy Policy and to decide on whether such new Privacy Policy would be acceptable to you or not. The amendments or update to our Privacy Policy will become effective ten (10) days after your receipt of the notice. By continuing to use our Services and accessing our Application after this ten (10)-days period, it means that you accept and agree with such updated version of the Privacy Policy. If you do not agree with it, you should no longer use our Services and delete your Application before the expiration of the ten (10) days prior notice period.

 

11. QUESTIONS AND CLAIMS

 

For any question or claim you may have in relation to the processing of your Personal Data, we invite you to contact us by email at the following address: hello@dtaxback.com.

 

You also have the right to introduce any claim before the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés, (CNIL)) if you believe it is necessary:

 

Commission nationale de l’informatique et des libertés (CNIL)

 

3 place de Fontenoy – TSA 80715

 

75334 Paris Cedex 07

 

Phone number: 01.53.73.22.22