O’Dandy/The A Effect acts as a data controller as defined by the GDPR and any other law or regulation taken by the member states, in this case the Grand Duchy of Luxembourg:
Médias O’Dandy/The A Effect Inc., a corporation incorporated under the Canada Business Corporations Act, R.S.C. (1985), c. C-44

• The A Effect in Canada and outside Europe:

Médias O’Dandy Inc.
445 rue Saint-Pierre
Montréal, QC H2Y 2M8
+1 (438) 499-0147

• L’effet A in France:

Kennedy Garceau
80 Grande Rue
92310 Sèvres
+33 7 82 47 55 20

• L’effet A in Switzerland:

Inspiraction
Rue de la Gare 15
1820 Montreux
+41 21 963 00 46

Email: info@effet-a.com

Subcontractors and Service Providers

• Website host: Planethoster
• CMS/WordPress
• Online store: Woocommerce
• Cloud: Google Cloud Canada Corporation and Amazon Web Services Canada
• Credit Card Processing Services: Stripe, PayPal
• Humance
• Newsletter/Infolettre: The Rocket Science Group LLC
• CRM: HubSpot
• Marketing: Pertinence media, Code marketing ,Treize, Typeform
• Training platform: Humance
• Community, discussion, and mutual aid platform: CircleCo, Inc.
• Analytics: Google Analytics

To contact us

We collect personal data when you browse our website or when you use our services (e.g. program purchase, contact form, subscriptions, etc.). We collect the following personal data:

• Data related to browsing our website (e.g. timestamp, IP address, technical data about the information system or browser type, cookies).
• Identifying data that you might share with us when purchasing a training program, a subscription, or when using the contact form or email address (e.g. email address, first and last name, landline or cell phone number, job title, company, banking information, etc.)

The legal bases for the processing of your personal data are as follows:

• Consent
• Execution of a contract or pre-contractual measures within the scope of executing a contract
• Legal obligation
• Legitimate interests

1. Our Website Management

A website requires data (data = what we use), logic in data processing (logic = how we use it), and a visual rendering of the data processing (view = what you see on the screen). This process responds to the following objectives (= outcomes):
– Sharing with you, upon request, various information relative to the products and services provided by O’Dandy/The A Effect
– Monitoring the management of requests for information and/or contact.
– Optimizing our website and ensuring the security of our data system.
These processes are based on your consent (box to check), which means that we will seek your prior consent for any future requests for contact or other processing.

2. Marketing

– Contact form : We only process data in order to respond to the user. The email address is processed based on our legitimate interest within the scope of maintaining a correspondence based on your consent.
– Newsletter/infolettre: subscription and sending of the newsletter/infolettre based on your consent. Please note that the newsletter/infolettre only contains offers of goods and/or services that concern you. Please note that you may withdraw your consent or object to this processing (sending of the newsletter/infolettre) by clicking on the unsubscribe link at the bottom of the message. (See the What are your rights? section).

3. Request for Free Trial or Free Content

Your personal data are collected based on our legitimate interest so that you may gain access to a program via a free trial, or to content. We collect the following data: first and last name, city closest to place of residence, country, preferred language of communication, email address.

4. Program Order and Purchase

Your personal data are collected based on the execution of a contract so that you may purchase a training program meaning services provided by The A Effect (directly or via Humance in Partnership with L’effet A), mainly, l’expérience 7 jours L’effet A, expérience 5 jours L’effet A, le Défi 100 jours; the Ambition Challenge, Masterclasses, Club A, and the Défi leadership, as well as subscribing to our newsletter/infolettre and our marketing emails (optional):
– Personal identifying data related to the order: first and last name, organization, business address (street, number, postal code, province, city, country), business email address, phone number, billing contact if applicable.
– Banking information for payment processing: card number, expiry date, security code
– Personal identifying data as part of the list of participants in corporate programs (in-house, B2C, or B2B): first and last name, business email address, city, country
Please check the box to activate the subscription to the newsletter, if applicable, before confirming your purchase.

5. Training Program

Your personal data are collected so that you may join our training programs and continue your journey in a group whose participants have similar profiles based on the execution of a contract:
– Data related to the list of participants for corporate programs (B2B): first and last name, business email address, city, country
– Personal identifying data related to participants: first and last name, business email address, organization, phone number, activity sector, job title and department, number of years of experience, birthdate, family situation and number of children, and consent
– Data related to registration on the training platform: each Participant will be invited to create a personal account on the Platform. The Participant must then modify their temporary password (to another more complex password). In case of connection issues, the Participant can reset their password online or contact The A Effect teams that provide online support. In either case, it will be necessary to divulge certain personal information to validate the identity of the Participant and provide them with a new password for the specific user account.
We transmit your personal data to third parties acting as service operators (e.g. the Humance platform) only in the context of training programs.

We transmit your personal data to third parties acting as financial service operators (e.g. online payment) only in the context of payment transactions.

6. Le Club A

Your personal data are collected so that you may share your experiences in the context of Le Club A:
– Data linked to clients in the context of Le Club A’s waiting list: first and last name, city, country, email address, message and newsletter subscription based on your consent
– Data related to registration on the discussion platform (Circle), networking activities, discussion circles, interactive events, and content based on the execution of a contract.

7. Social Media

The A Effect shares personal information related to its Services on Facebook. Similarly, anyone who sends or accepts a “friend request” from The A Effect shares with The A Effect (and The A Effect may consult) personal information that this person and their “Facebook friends” have published on their page. Since every Facebook user may choose the audience allowed to consult their Facebook content (via Facebook’s privacy setting or audience selector), this person is considered to have accepted to share their personal information with their “friends” or subscribers, including The A Effect, as described in Facebook’s terms of use and privacy policy.
Other social media platforms like Twitter, LinkedIn, and Instagram also allow anyone to follow The A Effect and to add themselves to its list of contacts. The A Effect will then have access to the online pages and profiles of this person according to the chosen settings, as is explained in the applicable privacy policies and terms of use. The A Effect will also receive a notification and access to any “tweet”, link, or other post in which The A Effect is tagged.

8. Testimonials and Promotional Materials

A Participant or any other person who wishes to give a testimonial, have their photo taken by The A Effect during events, or provide an opinion, photo, or any other material available online regarding their evaluation of the Services, grants authorization, by way of consent, to The A Effect to post on their Public Site or (on other social media), and may include the name or pseudonym and any other information that this Participant or person has consented to divulge.
The Participant or other person may, subsequently and at any point, withdraw their consent and consequently this material or personal information will be removed from the Public Site (or other social media).
However, The A Effect is not responsible for communication – where applicable – related to said material or its reproductions. The Participant or other person who wishes to report a communication/situation related to the preceding may contact The A Effect at info@effet-a.com.

9. Job Applications

The A Effect compiles personal data that are freely provided when a person applies for a job via the page on The A Effect’s Public Site. This application is voluntary and candidates decide which personal information they wish to submit to The A Effect. Personal data submitted will only be shared internally on a need to know basis: (i) to evaluate and verify a candidate’s qualifications, knowledge, skills, and experience; (ii) to check references and past employment, and otherwise verify the personal information provided to The A Effect; (iii) to communicate with candidates; (iv) to improve the recruitment process. In addition to personal data obtained directly from candidates, The A Effect may proceed with its own verification and acquire, if necessary, supplementary personal data.

The GDPR introduced the principle of limiting the retention period of your personal data.
We remind you that according to the principle of data minimization and the limitation of the retention period, your personal data are kept only for the time necessary for their processing.

1. Website Management

Personal data are deleted as soon as they are no longer useful for the required processing.
This is the case when you end your browsing session. However, personal data saved in the logs are erased after a maximum of 6 months. A longer-term retention is possible: in this case, the user’s IP address is deleted or transformed so that there is no longer a link between the data collected and the user.

2. Marketing

The email address of the user-buyer is retained so long as the subscription to the newsletter/infolettre and marketing emails is active.
Any other personal data transmitted during communication via the contact form or otherwise is deleted as soon as the request has been processed. An exchange or correspondence is considered complete as soon as the request has been fulfilled.

3. La demande d’essai gratuit
[à compléter]

4. Training Program Purchase

Personal data contained in supporting and accounting documents are kept for the applicable period under the legislation in force (6 years).

5. Training Program Platform

Personal data are deleted as soon as they are no longer useful for the required processing or after the exercising of your rights, namely the right to limit processing, the right to object, or the right to erasure. (See Section VI what are your rights?)
– The Participant’s individual report including answers submitted by the Participant to various surveys sent in the context of participation in Services:
o By The A Effect: 180 days
o By our Partner Humance: 960 days following the transmission of the Participant report to The A Effect via the platform
– Personal data about the Participant provided to The A Effect during registration for Services: 24 months after the Services if the Participant is inactive
– Personal data about the Participant provided to Humance for the creation of an account on the platform: 60 days following the transmission of the Participant report to The A Effect

The A Effect does not sell, trade, or rent personal data. Moreover, no personal data are shared or disclosed to third parties, nor used by them for purposes other than the ones for which they have been collected, as is described in detail in this policy, unless required or permitted by law or unless valid consent has been obtained, where applicable.

Sharing in the Context of Provision of Services

Participants’ personal data may be disclosed to Partners of The A Effect who facilitate the provision of Services by assisting The A Effect in the maintenance and development of its Services. For example, Humance has access to certain personal data provided during registration for a Service and to data provided by Participants when using the Platform. This information is used to create a report about each Participant (in accordance with the Service offer by The A Effect). Only authorized Humance employees will have access to this personal data, and for permitted purposes only.

Transaction commerciale

Certaines Données personnelles peuvent être rendues accessibles à un acheteur potentiel (ou autre entité) dans le cadre d’une transaction commerciale ou d’une réorganisation corporative, le tout si telle communication est nécessaire pour procéder à la vente ou à toute autre transaction, et pour autant que telle divulgation soit effectuée en pleine conformité avec les lois applicables (en l’absence d’exigence spécifique avec cette Politique de vie privée).

Legal Compliance

Personal data may be used or disclosed if The A Effect (acting reasonably) believes that such a use or disclosure is necessary:
– To comply with applicable laws, a legal proceeding, or a government request
– To protect its rights

De-Identified Personal Data Used on an Aggregate Basis

Once uploaded and stored on the Services, Participant data (including personal data uploaded by Participants) will also be automatically and robotically anonymized and added to a consolidated database. The A Effect may access and use any de-identified personal data in an aggregated way to analyze and improve Services and/or the Public Site, or to suggest personalized content to Participants.
De-identified personal data may also be used for training, promotional, and statistical purposes, or for any other purpose, as these do not constitute personal data. In all cases, such de-identified personal data cannot and will not be used to re-identify an individual.

Cohort Report

If a Participant’s employer is paying for the Services received by the Participant, The A Effect will share with said employer a report containing information about the Participant’s cohort. This cohort report will be comprised of anonymized aggregate information, its sole purpose being to allow the employer to have general information about the cohort. In the event that the number of Participants is limited enough to jeopardize the anonymity of the information shared, the information in question will be excluded from the report.

Your personal data may be transmitted to partners in the context of the processing described infra.
For the newsletter/infolettre, we use the “Mailchimp” service provided by The Rocket Science Group, LLC (675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA). Data are only used for sending our newsletter/infolettre. The data collected by this application are normally sent to and stored on servers located in the United States.
Following the ECJ ruling (SCHREMS II) and data protection rules, processing operations involving transfers outside the European Union (e.g. England or USA) are covered by other appropriate safeguards:

• additional contractual provisions in the agreement between O’Dandy/The A Effect and the service provider or based on new standard contractual clauses adopted by the European Commission;
• the derogations provided by Art. 49 of the GDPR: the collection of your explicit consent, the necessity of the transfer in the context of the conclusion or execution of a contract;
• the technical and organizational measures such as those proposed by the EDPB: encryption before transmission, pseudonymized MAIDs, data in transit.

Any person concerned (= physical person), whose personal data are processed by The Rocket Science Group, LLC, may exercise the following rights:

– Right to access: confirmation that your personal data is processed fairly and receipt of a copy of them, if applicable;
– Right to rectification: rectification as soon as possible of inaccurate data concerning you;
– Right to erasure: erasure of your data in certain cases. We may store some of your data and/or information where required by law or where we have a legal basis (e.g. contract, legitimate interests, consent);
– Right to restrict processing: you may ask to restrict the processing of your data in the following cases:
o You dispute the accuracy of your data during the verification period;
o The processing is unlawful and you object to the erasure;
o Your data are no longer necessary for processing, but you need them to exercise or defend your legal rights;
o You object to the processing in the context of verifying the legitimate interests pursued by O’Dandy/The A Effect;
– Right to object: you may object to processing at any time;
– Right to data portability: you have the right to receive the data transmitted to another controller in a structured, fluently readable, and machine-readable format. However, the data must be processed by an automated process (= information system);
– Right to withdraw consent: you may withdraw your consent at any time when the processing of your data is subject to it;
– Right to lodge a complaint: you may lodge a complaint with the competent supervisory authority.

How to Proceed

Please fill out the form available on our website so we may proceed to the processing of your request.

We inform you that O’Dandy/The A Effect reserves the right to refuse to process your request if it does not meet the requirements of applicable laws and regulations.

We implement, test, and maintain appropriate security measures, including access to the premises, computer equipment, and software solutions (= information system, website in HTTPS, and use of SSL), storage and network administration, evaluation and logging, breach detection and incident management, to prevent unauthorized or accidental access, loss, alteration, disclosure, or destruction of personal data.
The A Effect hosts personal data in secure data centres. For more information, please consult Google Cloud’s Privacy and Security/Trusted Infrastructure page and Microsoft’s Trust Center.

O’Dandy/The A Effect communicates, as soon as possible, to its customers, subcontractors, partners, and other third parties concerned, any data breach presenting a high risk for the rights and fundamental freedoms of individuals.

This policy may be modified and updated at any time by O’Dandy/The A Effect according to the laws and regulations in force.
Last update: 15/06/2021
Please note that the English language version takes precedence

• Transfer of image rights within the framework of the program:
  By checking the box in the registration finalization form, you agree that O’Dandy Media Inc. (Effect A) records all of the events of its face-to-face and / or virtual training, and disseminates these images on the Internet or by using any other means of dissemination for service purposes. Médias O’Dandy inc. also reserves the right to take photos or screen captures during the events and to use them for service purposes (making slides, visuals shared during the program, emails sent to participants and any other visual media shared to convey useful information related to the program followed by the participant).
• Assignment of image rights for publicity purposes:
  By checking the box in the registration finalization form, you agree that Medias O’Dandy Inc (The Effect A) uses the visual media produced (photos, videos, or screenshots with your presence, more or less visible) during its training activities in face-to-face or virtual to accompany its communication and marketing strategies, on its website, its social networks, or any other channel of advertising, national and international.

For any questions regarding the use of your data or this notice, please contact us via the online form here.
Mailing address:
Médias O’Dandy Inc.
Département marketing et intelligence d’affaires
445 rue Saint-Pierre
Montréal, QC H2Y 2M8
Canada

General Data Protection Regulation (GDPR) – European Representative

In accordance with Article 27 of the General Data Protection Regulation (GDPR), O’Dandy/The A Effect Medias Inc. has appointed the EDPO (European Data Protection Office) as its representative in the EU. You may contact EDPO for any questions regarding the GDPR:
– by using the EDPO’s online form: https://edpo.com/gdpr-data-request/
– by writing to the EDPO, Avenue Huart Hamoir 71, 1030 Brussels, Belgium