Privacy policy
Protection of personal data
PerforMind is committed to protecting the personal data of its clients and users (hereinafter the « Users ») and undertakes to uphold their rights to the protection of personal data.
In the course of its activity and for the purpose of providing the proposed services, PerforMind may collect and process the personal data of its Users.
This privacy policy is intended to define and inform how PerforMind uses and protects the data transmitted by Users in the context of using the web platform accessible from the following URL: www.performind.io (hereinafter the « Platform »).
PerforMind draws Users’ attention to the fact that this privacy policy may be modified or supplemented at any time, particularly to comply with any legislative, regulatory, jurisprudential, or technological developments. In such cases, the date of its update will be clearly indicated at the top of this policy. These modifications come into effect as soon as they are posted on the Platform. It is therefore the Users’ responsibility to regularly consult this privacy policy to stay informed of any possible changes.
In accordance with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter « GDPR »), and the amended French Data Protection Act No. 78-17 of 6 January 1978, PerforMind informs its Users of the following:
DEFINITIONS
« Client Account » : refers to the account, accessible from the Application or the Website, created by PerforMind and to which the Coach has access in order to create User Accounts and use the functionalities offered by the Application.
« User Account » : refers to the account created by the Coach from the Client Account, accessible from the Application or the Website, allowing the use of the Programs.
« Cookie » : refers to a string of information, generally small and identified by a name, that can be transmitted to the Client’s or User’s browser by a website. The web browser retains it for a certain period and sends it back to the web server at each connection.
« Personal Data » : according to Article 4 of the GDPR, means any information relating to an identified or identifiable natural person, i.e., who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to them.
« Processing of Personal Data » : means any operation or set of operations carried out on such data, regardless of the process used, including collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, as well as blocking, erasure or destruction.
« User » : refers to any natural or legal person (such as a club, training structure, coach, or sports institution) who, after registering on the Website by creating a Client Account, is authorized to use the Website and the Application, as well as the athlete, a natural person under the Client’s responsibility, using the Application via a virtual reality headset.
1. CONSENT AND COLLECTION OF PERSONAL DATA
PerforMind collects Users’ Data in order to provide them with the services and functionalities offered by the Platform.
To this end, PerforMind collects the following Data:
| USER ACCOUNT | CLIENT ACCOUNT |
|---|---|
|
|
Users are informed that if they object to the communication of certain Data necessary for the provision of the service, they may not be able to benefit from all the services and functionalities of the Platform.
By providing this personal data, Users expressly agree that it will be processed by PerforMind for the purposes indicated in section 3 below and as stated at the end of each form. This consent may be withdrawn at any time, according to the procedure indicated in section 6 of this Privacy Policy. PerforMind will always process Users’ personal information in accordance with the Privacy Policy in effect at the time of its collection.
2. IDENTITY OF THE DATA CONTROLLER
The data controller is PerforMind, a simplified joint-stock company with a share capital of €1,000.00, headquartered at 27, rue de Vincennes – 33000 BORDEAUX and registered with the Trade and Companies Register of BORDEAUX under number 899 017 057. For any question regarding the collection and processing of personal data, the data controller can be contacted at the following address: data@performind.io.
3. PURPOSES OF PERSONAL DATA PROCESSING
PerforMind may process the Personal Data collected for the following purposes:
- Providing Users with the services and functionalities of the Platform;
- Notifying Users of any updates (including Application, Terms of Use, Privacy Policy, Website) by email;
- Commercial and accounting management of contracts;
- Compiling statistics;
- Gathering information to improve the quality of service;
- More generally, any purpose referenced in Article 2 of Deliberation No. 2012-209 of June 21, 2012, establishing a simplified standard for the processing of personal data relating to user and prospect management.
The processing of data for statistical analysis is performed on anonymized data. In the event of an issue with a Client or User Account, PerforMind reserves the right to access the data to resolve the problem without prior anonymization.
4. DATA RECIPIENTS AND NON-DISCLOSURE COMMITMENT
PerforMind undertakes not to sell, share, or disclose the Data collected and not to use it outside the cases provided for in this Privacy Policy.
The collection, processing, and use of Personal Data are carried out by PerforMind and also by authorized service providers, who adhere to current legal data protection regulations and act solely within the purposes for which the data was originally collected.
They may be processed, always within a legal framework, for activities such as service provision, marketing, data management, or technical support. These third parties have agreed with PerforMind to use Users’ Personal Data only for the agreed purposes, not to sell the information to third parties, or disclose it unless required by law, authorized by PerforMind, or stipulated in this policy.
Personal Data may also be transferred to a third party in the event of a sale, transfer, or partial transfer of PerforMind's activities. In such cases, PerforMind will require the buyer, transferee, or recipient to process Personal Data in accordance with this Privacy Policy.
Finally, Personal Data may be disclosed to third parties if PerforMind is required to do so by law, court order, government directive, or if the disclosure is required as part of an investigation or legal or criminal proceeding, in France or abroad.
5. DATA RETENTION PERIOD
Users’ Personal Data is retained by PerforMind only for the time necessary to fulfill the purposes mentioned in section 3 above, in compliance with the applicable legal and regulatory limits, and at minimum for the duration the Client or User Account is active.
It is then archived to allow PerforMind to meet its legal obligations or to have the necessary elements to assert its rights.
6. SECURITY AND CONFIDENTIALITY
To ensure the security and confidentiality of Personal Data collected online, PerforMind has implemented technical and organizational measures to protect Users’ Personal Data against loss, alteration, theft, disclosure, modification, deletion, or access by unauthorized third parties.
All Personal Data is stored on Amazon servers located in Paris, with no transfer outside the European Union.
7. DATA RIGHTS
Users have the following rights regarding their Personal Data, which they can exercise by writing to the postal address mentioned in section 2 or by filling out the form available at: www.performind.io/#contact.
7.1. Right of access and data communication
Users can access their Personal Data. However, due to PerforMind’s obligation to ensure data security and confidentiality, requests will only be processed if proof of identity is provided—either a scanned copy of valid ID (for electronic form requests) or a signed photocopy of valid ID (for written requests).
PerforMind may deny clearly excessive requests (e.g., due to volume, repetition, or systematic nature).
To assist Users, a CNIL model letter is available here: www.cnil.fr/fr/modele/courrier/exercer-son-droit-dacces
7.2. Right to rectification
Users may request the correction, update, blocking, or deletion of any of their Personal Data that may be inaccurate, incorrect, incomplete, or outdated.
They may also define general or specific instructions regarding the fate of their data after death. Heirs may also request data updates or deletion.
Model letter: www.cnil.fr/fr/modele/courrier/rectifier-des-donnees-inexactes-obsoletes-ou-perimees
7.3. Right to object
This right can be exercised under two conditions:
- When the objection is based on legitimate grounds; or
- When the purpose is to block the use of data for marketing purposes.
Model letter: www.cnil.fr/fr/modele/courrier/supprimer-des-informations-vous-concernant-dun-site-internet
8. RESPONSE TIME
PerforMind commits to responding to requests for access, rectification, objection, or other inquiries within a reasonable timeframe not exceeding one month from receipt.
9. COMPLAINT TO THE COMPETENT AUTHORITY
If Users believe that PerforMind is not complying with its obligations regarding Personal Data, they may file a complaint or request with the CNIL via: www.cnil.fr/fr/plaintes/internet.
10. COOKIES
PerforMind uses various Cookies on the Site to maintain active User sessions, secure forms, and enhance site interactivity. Cookies can be blocked via browser settings, but site experience may be affected.
| Cookie name | Purpose |
|---|---|
| Session | Keep sessions active |
| CSRF Token | Secure forms |
11. CONTACT
Users are invited to contact PerforMind for any questions about the collection, use, and storage of their Personal Data via the contact form at: www.performind.io/#contact.