This privacy policy applies to the collection and processing of personal data by NX CREATIVE, a simplified joint stock company with a capital of 1,800 euros, registered with the Paris Trade and Companies Register under number 840 929 683 and with its registered office located at 5 Av. Ingres, 75016 Paris, directly on its website https://nxcreative.fr (hereinafter the « Site »), or on third-party sites such as Facebook (hereinafter the « Third-Party Sites »).

The processing of your personal data is subject to French law No. 78-17 of January 6, 1978 on Information Technology, Files and Liberties and European Regulation No. 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“RGPD”).

NX CREATIVE has the status of data controller within the meaning of the RGPD (Article 4 §7 RGPD). It also acts as a RGPD subprocessor on behalf of and for the account of its partners with whom you have requested the transmission of your details to be contacted (hereinafter the “Energy Partners”).

What data does NX CREATIVE collect?

NX CREATIVE collects the following data:

• Name, first name, phone number, email, postal code of your place of residence;
• Owner or tenant of your residence;
• Heating system;
• Approximate amount of your electricity bills.

These data can be collected from the NX CREATIVE Site or from Third-Party Sites. In the case of collection via Third-Party Sites, the owners of these Third-Party Sites are responsible for processing the data they collect and use for their own purposes.

Any additional information not necessary for the performance of your contractual relationship can only be collected by NX CREATIVE if you have expressly consented to the collection and processing of this information or if NX CREATIVE has a legitimate interest in this collection.

What is the legal basis for the treatments? What are the purposes of the treatments carried out by NX CREATIVE?

The data is collected on the legal basis of contract execution, to respond to your request for an estimate of your eligibility for energy assistance.

It also allows us to identify the nearest Energy Partner so that they can contact you and verify your eligibility upon your request.

With your prior consent, NX CREATIVE may also send you commercial information related to energy assistance.

Any other processing purpose beyond those mentioned above will be explicitly communicated to you by NX CREATIVE before any processing for that new purpose, and its compatibility with the initial purposes will be verified beforehand.

How long are your data kept?

These data are kept by NX CREATIVE for a period of 3 years from the date of collection.

To whom are your data transmitted?

Individuals performing tasks or functions within NX CREATIVE are expressly authorized to access your data, but only within the limits of their assignments and the exercise of their functions.

In the context of using and processing your data, NX CREATIVE may transmit your data to the following entities and/or sub-contractors:

Energy Partners of NX CREATIVE with whom you have requested to be in contact;

Technical service providers of NX CREATIVE who need to know some of your data in order to execute the contract binding you to NX CREATIVE;

IT provider for hosting the site (host: OVH; the concerned servers are located in Germany).

Each recipient of your data ensures the strict confidentiality of the data communicated to them and agrees to only process it for the needs of their intervention and in compliance with the regulations in force regarding data protection.

Your data may be shared with the aforementioned recipients, particularly in the following situations and conditions:

To allow NX CREATIVE to fulfill its legal and regulatory obligations;

If required by law, NX CREATIVE may transmit your data to respond to claims made against it and comply with administrative and judicial procedures;

If NX CREATIVE is involved in a merger, acquisition, asset sale or judicial restructuring procedure, it may transfer or share all or part of its assets, including personal data. In this case, you will be informed prior to any transfer of your data to a third party.

Transfer of your data outside the European Union

In the context of processing your personal data, NX CREATIVE does not operate any transfer of this data to providers, companies or third-party structures established in a country outside the European Union or to an international organization.

If such a transfer outside the European Union were to be made, NX CREATIVE would inform you of any potential transfer of this type by specifying the appropriate measures taken to guarantee the protection of your data.

Your rights (Learn more)

In accordance with the Data Protection Act and the GDPR, you have the following rights:

Right of access to your data (Article 15 GDPR) (Learn more);

Right to rectification (Article 16 GDPR), updating, and completeness of your data (Learn more);

Right to lock or erase your personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or the collection, use, communication, or storage of which is prohibited (Learn more);

Right to withdraw your consent at any time (Article 13-2c GDPR), without affecting the lawfulness of the processing of your data based on your consent and already carried out before the withdrawal of this consent;

Right to the limitation of the processing of your data under conditions strictly listed (Article 18 GDPR) (Learn more);

Right to object to the processing of your data (Article 21 GDPR) (Learn more);

Right to data portability of data provided to NX CREATIVE, when your data is subject to automated processing based on your consent or a contract (Article 20 GDPR) (Learn more);

Right not to be the subject of a decision based exclusively on automated processing of your data and capable of producing legal effects concerning you or affecting you significantly (Article 22 GDPR);

Right to determine the fate of your data after your death and choose for NX CREATIVE to communicate (or not) your data to a third party previously designated (Learn more). In the event of death, and in the absence of instructions from you, NX CREATIVE undertakes to destroy your data, unless their preservation is necessary for evidentiary purposes or to meet a legal obligation.

To know the location of the recipient of your data when they have been transferred outside the European Union and to obtain a copy of the standard contractual clause governing this transfer.

Right to file a complaint with a supervisory authority, including the National Commission for Information Technology and Liberties (CNIL) (https://www.cnil.fr/fr/plaintes).

You may exercise the above-mentioned rights under the applicable legal conditions, by sending an email to NX CREATIVE at contact@nxcreative.fr or a postal letter with a copy of your ID.

NX CREATIVE is committed to informing you of the measures taken in response to your request within a maximum of one (1) month from the receipt of the request, this deadline may be extended by two (2) months in the event of complexity or the number of requests.

Security and confidentiality measures implemented

NX CREATIVE implements organizational, technical, software, and physical security measures and confidentiality in the field of digital security and confidentiality to ensure effective and efficient protection of the personal data it collects.

NX CREATIVE takes all necessary and appropriate precautions in view of the nature of your personal data and the risks presented by the processing it carries out as part of its activity in order to preserve the security of your data and prevent their alteration, damage or destruction or unauthorized access.