Statement of privacy / Data protection

MOABI SAS (hereinafter “MOABI”) is committed to respecting and protecting the privacy of your data. This statement of privacy informs you how MOABI handles your data after it is collected on MOABI websites and how this data is processed. We also explain how you can influence the collection and use of your personal information.

If you pass personal data on to us, you can be sure that this information is used solely to maintain your business relationship with MOABI or in one of the ways set out in this statement.

1. Name and address of the responsible controller

The responsible controller as defined in the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions of a data protection character is:

MOABI SAS
33 avenue du Maine

75015 Paris – FRANCE

Phone: +33 618 402 037

E-mail: info@moabi.com

Website: http://www.moabi.com

2. Collection, use and processing of data

2.1 Notes on log files when visiting websites

When you visit a MOABI website, the default is that the information transmitted by your Internet provider (e.g. the domains from which you are accessing the MOABI websites, your IP address, the operating system, date and time, browser type, language and configurations, hyperlinks followed within MOABI websites and your activities on these websites) is collected automatically to enable technical operation of the websites. This information is recorded in the form of log files.

2.2 Exclusive use of the publicly accessible area

You can visit the publicly accessible MOABI websites without revealing any personal data. The information listed in 2.1 is analyzed in anonymous form for statistical purposes and cannot be used by MOABI to identify you as an individual. The IP address and other characteristics that we could use to identify you are removed before analysis. This anonymous information is only analyzed at an aggregate level to help MOABI understand trends and patterns in order to improve its website.

2.3 Use of websites with registration functionality

2.3.1 Use of Moabi.info portal

In order to register in moabi.info, you have to provide personal data such as your title, first and last name, address, email address, phone number, and company name. We need this data to provide relevant service and support applications with the necessary contact information and especially to determine whether or not someone is authorized to access certain restricted-access areas of our website (user authentication).

2.3.2 Use of Moabi.com web site

You can visit MOABI web site without personal data being entered or saved.

However, if you wish to set up a customer account, request a quotation or place an order, then you will need to register, specifying personal data such as your title, first name, last name, company name, address, phone number and email address. When placing an order, you will also have to provide a VAT identification number. MOABI does not collect payment data.

2.3.3 Use of the job portal

If you wish to use our websites to apply for a job at MOABI, you will need to enter certain personal data. This data is used for technical administration of the websites, but only to the extent that is absolutely necessary.

If you send us an unsolicited application via our careers portal, your data can be accessed by managers who have positions to fill and by HR.

If you apply for a posted job, your data will be processed solely for the purpose of applying for this specific position and will be deleted six months after the position is filled.

2.4 Use and processing

Your personal data will be used solely for the purposes of business relationships with you or for other purposes mentioned on the MOABI websites or for any other stated purpose (e.g. consulting services, information about products and services, etc.). Pursuant to section 3 below, service providers engaged by MOABI only receive the information that is absolutely necessary for them to provide the service. If your consent is required to use the data for purposes other than those specified above, such use will only be made if you have given your consent.

MOABI has taken appropriate technical and organizational measures, such as the use of encryption when transmitting data, to keep your data secure, up-to-date, complete and protected from access by unauthorized third parties.

3. Disclosure of data to service providers

It may be necessary to transfer personal data to MOABI service providers so that they can provide services for MOABI. This includes, but is not limited to, answering your questions about products and services, processing event registrations, processing orders, and personalizing MOABI websites in line with your preferences (see section 5 Creation of user profiles). All service providers are subject to the applicable MOABI data protection provisions.

For service providers with a place of business in a third country outside the EU/EEA, if required by law, appropriate safeguards pursuant to Article 46 of Regulation (EU) 2016/679 of the EU Parliament and of the Council of April 27, 2016 (General Data Protection Regulation, GDPR) must be provided prior to transferring data.

4. Cookies

MOABI uses various technologies, in particular cookies, to collect information when its websites are visited. A cookie is a small piece of data sent from a website and stored on your computer by your web browser.

For the technical operation of the websites, MOABI uses required cookies that do not contain any personal information and are used to maintain the basic website functions and to operate the website. These cookies are not combined with any personal data you have provided. Note that certain functions may no longer be available if you do not allow cookies to be saved.

MOABI also uses tracking cookies – but only with your explicit consent via the cookie banner. These cookies are used to analyze how the website is used in order to improve the service offering, personalize MOABI websites and optimize website functions.

If you enter personal data in a form, this data can be saved in a cookie so that you do not have to enter the data again every time.

You can directly control the storage of tracking cookies specifically for MOABI websites. By making the appropriate cookie setting, you can control whether or not tracking cookies are saved.

You can also set up your browser to have it notify you whenever it receives a cookie or to generally prevent cookies from being saved. See your browser’s help function for more information.

5. Creation of user profiles

In order to optimize the MOABI websites and adapt their design to customer needs, pseudonymized user data is collected and saved at an aggregate level. This data is used to create user profiles under a pseudonym. MOABI uses the following tracking and analysis technologies provided by the third-party providers mentioned in this section. All of these technologies use tracking cookies, but only if you have consented to them as outlined in the preceding section

On behalf of MOABI, the third-party providers will use this information to record your use of the MOABI websites in a pseudonymous form. This information will be used to compile reports on your website activities (such as when you purchased what products in MOABI web stores) in order to provide MOABI with other services related to website use. MOABI also records which website functions you used and how you used them. For this purpose, MOABI uses the following technologies to link the data collected to your user account, provided you logged on to the website with your login data.

MOABI uses the above-mentioned data to analyze how you use the websites in order to better understand how you use these websites provide you with content and offers that may be of interest to you improve its products and services. The IP address transmitted by your browser within the context of the following technologies is not combined with other data from the following third-party providers.
For Moabi.info users, pseudonymous identifiers in the form of cryptographic hash values are used. This allows us to get an overview of your activities so that we can personalize our website to your specific needs.

6. Newsletters

You can subscribe to various newsletters at several locations on MOABI websites. You will only receive these newsletters if you have given your explicit consent.

In some newsletters, we use web beacons to analyze how effective the newsletters are. The information collected in this way is anonymized and used for statistical analysis. It is only combined with your personal data to determine what products, solutions and services you are interested in and to advise and inform you accordingly, provided you were informed of this during registration.

The text of the consent to receive a newsletter is shown here:
Consent to receive a newsletter
I want to receive information from MOABI via
( ) Email ( ) Post
What does this mean in detail?
I agree that MOABI SAS
may contact me via the chosen channel (email or postal mail) for marketing and advertising purposes (e.g. information on special offers and discount promotions) related to, but not limited to, products and solutions in the fields of test and measurement, secure communications, monitoring and network testing, broadcast and media, and cybersecurity.
Your rights
This declaration of consent may be withdrawn at any time by sending an email with the subject “Unsubscribe” to info@moabi.com. Additionally, a link to unsubscribe from future email advertisements is contained in each email sent. Further details on the use of personal data and the withdrawal procedure are set out in the “Statement of Privacy”
You can unsubscribe from the newsletter at any time. Simply use the unsubscribe link in the email or, for the newsletter, change your profile settings accordingly after login.

7. Accessing, changing and deleting data

You can view, correct and delete the personal data you entered on MOABI websites at any time. You have also the right to object to the continued use of this data and to withdraw the consent you have given us.

To do so, simply sent an email to dataprivacy@moabi.com or contact the data protection officer (see section 1).

If you have a Moabi account, you can view and correct the data directly in your profile. To delete data, send an email to dataprivacy@moabi.com.

For the processing of your personal data, you are the data subject as defined in the European General Data Protection Regulation (EU-GDPR) and you have certain rights with respect to the responsible controller.

Rights of the data subject pursuant to the EU-GDPR:

• 7.1 Right of access
• 7.2 Right to rectification
• 7.3 Right to restriction of processing
• 7.4 Right to erasure
• 7.5 Notification obligation
• 7.6 Right to data portability
• 7.7 Right to object
• 7.8 Right to withdraw the declaration of consent regarding data protection
• 7.9 Automated individual decision-making, including profiling
• 7.10 Right to lodge a complaint with a supervisory authority
• 7.11 Lawfulness of processing

7.1 Right of access

You have the right to obtain from the controller (see section 1) confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and the following information:

• a. the purposes of the processing;
• b. the categories of personal data concerned;
• c. the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed;
• d. the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• e. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
• f. the right to lodge a complaint with a supervisory authority;
• g. where the personal data is not collected from the data subject, any available information as to its source;
• h.the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) EU-GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. You have the right to request information about whether your personal data was transferred to a third country or an international organization. Where this is the case, you can request to be informed of the appropriate safeguards pursuant to Article 46 EU-GDPR relating to the transfer.

7.2 Right to rectification

You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you. You have the right to have incomplete personal data completed.

7.3 Right to restriction of processing

You have the right to obtain from the controller restriction of processing where one of the following applies:

• a. you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
• b. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
• c. the controller no longer needs the personal data for the purposes of the processing, but you need it to establish, exercise or defend legal claims;
• d. you have objected to processing pursuant to Article 21 (1) EU-GDPR and it is not yet certain whether the legitimate grounds of the controller override yours. Where processing of personal data concerning you has been restricted, this data, with the exception of storage, may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State. If you obtained restriction of processing pursuant to the above points, you will be informed by the controller before the restriction of processing is lifted.

7.4 Right to erasure

7.4.1. You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller has the obligation to erase the personal data without undue delay where one of the following grounds applies:

• a. Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
• b. You withdraw consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) EU-GDPR and there is no other legal ground for the processing.
• c. You object to the processing pursuant to to Article 21(1) EU-GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) DS-GVO.
• d. Your personal data has been unlawfully processed.
• e. The personal data concerning you has to be erased for compliance with a legal obligation in Union law or Member State law to which the controller is subject.
• f. The personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8(1) EU-GDPR.

7.4.2 Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, this personal data.

7.4.3 Paragraphs 7.4.1 and 7.4.2 will not apply to the extent that processing is necessary:

• a. for exercising the right of freedom of expression and information;
• b. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• c. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) EU-GDPR;
• d. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 7.4.1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
• e. for the establishment, exercise or defense of legal claims.

7.5 Notification obligation

If you have asserted the right of rectification, erasure or restriction of processing to the controller, the controller will communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom your personal data has been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to request that the controller inform you about those recipients.

7.6 Right to data portability

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where:

• a. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) EU-GDPR; and
• b. the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others. The right to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7.7 Right to object

You have the right to object, on grounds relating your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) EU-GDPR, including profiling based on those provisions. The controller will no longer process your personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

7.8 Right to withdraw the declaration of consent regarding data protection

Insofar as you have given your consent for reasons of data protection, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

For details on withdrawal of consent for newsletters see section 6, and for tracking cookies see section 4.

7.9 Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including
profiling, which produces legal effects concerning you or similarly significantly affects you. This will not
apply if the decision:

• a. is necessary for entering into, or performance of, a contract between you and a data controller;
• b. is authorized by Union or Member State law to which the controller is subject and which also lays downsuitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
• c. is based on the data subject’s explicit consent.

Decisions referred to in the points above are not based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) EU GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points (a) and (c) of this section, the controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

7.10 Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes this Regulation.

The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 EU-GDPR

7.11. Lawfulness of processing

If we obtain the data subject’s consent to the processing of his or her personal data, point (a) of Article 6(1) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for processing.

If processing of personal data is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, point b of Article 6(1) EU-GDPR serves as the legal basis for processing.

If processing of personal data is necessary for compliance with a legal obligation to which our company is subject, point (c) of Article 6(1) EU-GDPR provides the legal basis.

If processing is necessary in order to protect the vital interests of the data subject or another natural person, point (d) of Article 6(1) EU-GDPR provides the legal basis.

If the processing is necessary for the purposes of the legitimate interests of MOABI or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, then point (f) of Article 6(1) EU-GDPR serves as the legal basis for processing. The legitimate interest of our company lies in the performance of our business activities.

8. Links to third-party websites

MOABI websites may contain links to other websites. If you follow these links, you will leave the MOABI websites and also the scope of validity of this statement, which does not cover other such websites. MOABI cannot assume any responsibility whatsoever, neither for the privacy policy nor the content of these other websites.

9. Contact form and email traffic

A contact form is available on MOABI websites for electronic contact. The data you enter on the form will be transferred to MOABI and saved.

Data that is transferred:

Title, first name, last name, email address, phone number, company name, country, address and any data you enter in the request.
It is also possible to contact us by email instead. In this case, the personal data you send by email will be stored.

10. Storage period of personal data

Your personal data will only be stored by MOABI (and, if applicable, by its service providers) for as long as allowed, in particular as long as the data is required for the agreed purpose or for compliance with legal obligations. When the purpose of the processing no longer exists, the data is erased.

11. Changes to the statement of privacy

MOABI reserves the right to change this statement at any time. We would therefore ask that you check the statement of privacy at regular intervals. If substantial changes are made, a notification to that effect will be published on our homepage.

We inform registered users and customers by email about significant changes to this statement of privacy.