Privacy policy

Last modified: September 25, 2023

Fernand SAS, a company organized under the laws of France (hereafter, “Getfernand.com”, “we”, “our” and/or “us”) is a technology company that provides an online software-as-a-service (SaaS) platform (the “Service”) on its website at https://getfernand.com containing instruction, tools, applications and other materials designed to assist individuals and companies throughout the world in forwarding e-mail messages and other communications from one website domain to another.  Fernand SAS markets and promotes the Service under the trademarks and trade names “Fernand” and “Getfernand.com”. 

Fernand SAS has always recognized data protection as an important topic for its stakeholders in the digital age and understands the responsibility that comes with the handling of personal data. This Privacy Policy describes the privacy practices of Fernand SAS related to personal data collected, used, stored and otherwise processed in connection with the Getfernand.com Service.

Please be aware that some supplemental country terms may be applicable as detailed at the end of this Privacy Policy. 

What this privacy policy covers

This privacy policy applies to the personal data Getfernand.com processes as a data controller, i.e. as the party that determines what personal data to collect online (including in connection with mobile apps) or offline and to what end.

The Getfernand.com Service is not intended for use by persons under the age of 18.  If Getfernand.com has reason to believe that a user is under the age of 18, Getfernand.com will promptly block and/or terminate that user’s account and delete all personal information previously submitted by that user, with or without notice to the user or his or her parents or guardians.  

If Getfernand.com learns that it has collected personal data from a person under the age of 18, it will delete that information as quickly as possible.

For your convenience, hyperlinks may be posted on the Getfernand.com websites or apps that link to other websites or apps that Getfernand.com does not own or control. This privacy policy is not applicable to them and Getfernand.com has no liability for the content of third-party websites nor the personal data they collect.

What personal data is collected by Fernand?

Personal data means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the natural person.

Depending on the purposes detailed below, personal data processed by Getfernand.com includes:

  • Personal and Business contact information such as first and last name, postal address, email address, telephone number(s) and job title;
  • Profile information such as user ID, login and password, profile picture, university, degree, certification and courses taken; type of organization (company, school, etc.), organization name, organization size, department, industry and sub-industry sectors;
  • Transaction information details related to purchases you make, including through Getfernand.com websites and apps, event registrations and billing data (such as credit card details, bank account information);
  • Operation and usage data (IP and Mac Addresses, logs, etc.) on how you use Getfernand.com websites, apps and services, including data from cookies as described below.

In any event, the personal data processed by Getfernand.com is limited to data necessary for the purposes described in this Privacy Policy. Getfernand.com will only process personal data from a parent or guardian of a minor child for purposes of obtaining their consent to collect the child’s personal data. If they do not provide that consent within a reasonable period of time, Getfernand.com will delete this personal data.

Payment information

When you make a purchase on the Service, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor Stripe through their Stripe Checkout service. We never receive or store your full credit card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Stripe may use your Payment Information in accordance with their own Privacy Policy here: https://stripe.com/us/checkout/legal.

Why your personal data is collected by Getfernand.com?

Getfernand.com will process your personal data for one or several of the following purposes;

With your Consent

  • To communicate with you, including when you request information related to Getfernand.com products and services, and more generally to manage Getfernand.com marketing activities; 
  • To ascertain your requirements and interests and provide you with the most suitable products and/or services;
  • To provide you with a personalized, interactive use of Getfernand.com websites and apps and allow you to access all their features;
  • To enable you to display certain of your personal information related to your profile while exchanging ideas and other information about Getfernand.com products and services with other users of Getfernand.com websites and apps.

To provide you with Getfernand.com products or services

  • To enable you to
    • register for an event, seminar or webinar; 
    • enter a contest; or
    • create a user profile.
  • To enable Getfernand.com to manage its business relationships with you (including sales opportunities, commercial offers, purchasing, contracts, orders, invoices, which may include conversational data triggered via chat functionalities on Getfernand.com websites and apps, contact forms, emails, and voice messaging data, delivery of Getfernand.com products, support or professional services);
  • To manage your training and/or certification on Getfernand.com products and services, which may include tracking your learning progress in order to make this information available to you.

To comply with the following legitimate interests: 

Getfernand.com takes into consideration and balances any potential impact on you (both positive and negative) and your rights before processing your personal data for legitimate interest purposes. Unless Getfernand.com has your consent or is otherwise required or permitted to do so by law, Getfernand.com will not use your personal data in situations where the impact on you outweighs its legitimate interest in processing your personal data:

  • To improve your experience;
  • To remember your settings;
  • To provide you with information related to marketing activities for similar goods and products if you are already using Getfernand.com products and services;
  • To enable Getfernand.com to manage its business relationships when you are acting on behalf of a Getfernand.com prospect or customer (including sales opportunities, commercial offers, purchasing, contracts, orders, invoices, which may include conversational data triggered via chat functionalities on Getfernand.com websites or apps, contact forms, emails, and voice messaging data, deliver of Getfernand.com products, support or professional services); 
  • To create anonymous data for analytics and for compliance, fraud prevention and safety.

To comply with law

  • To manage getfernand.com legal obligations related to applicable export laws, trade sanctions, and embargoes issued, by the European Union and its member states, and of the United States of America and other countries, if any. This may include (i) conducting automated checks of any user registration data identified in this Privacy Policy and other information you provide about your identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when you update your information; (iii) blocking of access to Getfernand.com services and systems in case of a potential match; and (iv) contacting you to confirm your identity in case of a potential match;
  • To keep your financial data with a third party payment provider.

How long is your data stored?

Getfernand.com does not store your personal data for more time than necessary and only as long as required to fulfill the purposes set out above. Retention periods may vary depending on the data categories and the processing activities. To determine the appropriate retention period for personal data, Getfernand.com considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which Getfernand.com processes your personal data and whether Getfernand.com can achieve those purposes through other means, and the applicable legal requirements:

  • where getfernand.com is required to comply with a legal obligation, the retention period will be determined according to the applicable law;
  • where you gave your consent, until you withdraw it;
  • where getfernand.com has entered into an agreement with you or your employer, as long as the agreement is into force plus the applicable local statutes of limitations; 
  • where getfernand.com has a legitimate interest in using your personal data, for a limited period of time appropriate to ensure a fair processing of your personal data or until you object to Getfernand.com’s use of your personal data. 

Where your personal data is required to assert or defend against legal claims, Getfernand.com will retain your personal data until the end of the relevant retention period or until the claims in question have been settled.

With whom do we share your personal data?

Getfernand.com does not rent or sell information but may share your necessary personal data for certain business purposes with the following categories of organizations:

  • Within the Getfernand.com group: Getfernand.com may need to share your personal data with its affiliated companies and websites, for example to provide you with support services.
  • Third parties acting on getfernand.com behalf: Getfernand.com may share your personal data with third party vendors, consultants and other service providers that Getfernand.com employs to perform tasks on its behalf (such as hosting services by a third-party or payment services to enable you to purchase from Getfernand.com products or services) or to protect Getfernand.com’s legal interests (such as in the event of a sale of assets to a third company, or a change of control or a total or partial liquidation of getfernand.com).
  • Law enforcement: Under certain circumstances, Getfernand.com may also disclose your personal data if required by law or if getfernand.com believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant, a subpoena, or other court order) or protect the rights, property, or personal safety of Getfernand.com, Getfernand.com’s customers, or the public.

International data transfers

When accessing a getfernand.com website or app, please note that through your continued use of it, if you are located in a different country than the Getfernand.com website or app, you consent to the transfer of your personal data to a country outside of your own. 

Getfernand.com may transfer your personal data from Europe (or a country that is considered as offering an adequate level of protection as adopted by the European Commission on the basis of Article 45 of the General Data Protection Regulation 2016/679 (GDPR)) to another country. This can for example happen when Getfernand.com provides you with training, support services, or cloud offerings. Getfernand.com continually monitors the circumstances surrounding any transfer in order to ensure that these transfers maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR and relies on the Standard Contractual Clauses issued by the European Commission in the absence of an adequacy designation.

What are your rights?

Depending on the applicable data protection laws, you may have some or all of the following rights with regard to your personal data: 

  • access your personal data;
  • request the rectification, completion, update or erasure of your personal data;
  • restrict processing;
  • obtain a copy of your personal data stored by Getfernand.com;
  • object to specific processing of your personal data if that processing is based on legitimate interests; and
  • data portability. 

If the processing of your personal data is based on your consent, you have a right to withdraw that consent at any time.

If you have an account, you can exercise your rights by logging on to your account. Otherwise, you may exercise your rights by submitting your request here: support@getfernand.com. Parents can exercise these rights if allowed by applicable law on behalf of their minor children by this same method. 

Depending on the scope of the request, and if permitted under applicable law, getfernand.com may charge a reasonable fee to cover costs incurred in connection with such request. getfernand.com may deny access to your personal data in limited circumstances in accordance with applicable laws and regulations or if Getfernand.com’s legal grounds override your legitimate interest to privacy.

Data security

getfernand.com maintains appropriate technical and organizational measures to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration and destruction during transmission and once in its possession. However, while getfernand.com strives to protect your personal data, in light of the inevitable risks linked to the Internet, getfernand.com cannot guarantee full protection against any leak.

It is important for you to exercise caution to prevent unauthorized access to your personal data. You are responsible for the confidentiality of your password and information appearing on your account. Consequently, you must ensure that you log out of your session in the event of shared use of a computer.

Limitations on use by minors

Our Service is generally intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable laws in the jurisdiction in which an individual utilizes the Service. 

If getfernand.com has reason to believe that a user is under the age of 18, Getfernand.com will promptly block and/or terminate that user’s account and delete all personal information previously submitted by that user, with or without notice to the user or his or her parents or guardians.  If Getfernand.com learns that it has collected personal data from a person under the age of 18, it will delete that information as quickly as possible.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that we remove content or information about you that is posted on the Service. Please submit any such request (“Request for Removal of Minor Information”) to either of the following:

  • By mail: Fernand SAS, 128 rue la Boetie, 75008 Paris, France, with a subject line of “Removal of Minor Information. If you send by mail, please send by registered mail or overnight courier service to allow for confirmation of mailing, delivery and tracking.
  • By email: privacy@getfernand.com, with a subject line of “Removal of Minor Information”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body of the request:

  • The nature of your request
  • The identity of the content or information to be removed
  • The location of the content or information on the Service (e.g. by providing the URL)
  • That the request is related to the “Removal of Minor Information”
  • Your name, street address, city, state, postal code and email address, and whether you prefer to receive a response to your request by mail or email.

We will not accept any Request for Removal of Minor Information via telephone, facsimile, or text message. Fernand™ is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Fernand™ to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Fernand™ anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of Fernand™’s voluntary practices concerning the collection of personal information through the Service from certain minors and is not intended to be an admission that Fernand™ is subject to the U.S. Children’s Online Privacy Protection Act, the U.S. Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, European Union, federal, state, or local laws, rules, or regulations.

Cookies

In order to improve your browsing experience on Getfernand.com websites and apps, Getfernand.com uses cookies or other similar technologies that may process your personal data.

Depending on the website or app, getfernand.com uses different types of cookies:

  • Strictly necessary cookies are always used, are essential for you to properly browse the getfernand.com website or app and cannot be switched off. For example, they allow you to save your personalization settings (choice of language, presentation of a service, saving your shopping cart).
  • Functional cookies are used in order to improve the performance of the Getfernand.com websites and apps, to provide you with optimized features and a more personal experience by collecting information when you visit a Getfernand.com website or app. Some of them, that are solely performance cookies, collect aggregated information that are therefore anonymous.
  • Advertising cookies are implemented by Getfernand.com or third parties, in order to build a profile of your interests, to provide you with personalized and targeted content. They do not store personal information directly, but are based on uniquely identifying your browser and internet device.

The following third parties serve cookies through Getfernand.com for analytics and other purposes

NAMEPURPOSE
StripeOur payment gateway. This allows us to accept credit card payments securely.
Customer.ioWe use Customer.io to send you emails related to your account and general messages like newsletters.
SentryWe use sentry to retrieve, review and handle issues that might occurs within Fernand.

Here is a list of the cookies we use:

VENDORCOOKIE NAMEPURPOSE
Fernand_tSession tracking cookie.
Stripe__lc.visitor_id.XXXXXXX, __stripe_mid, __stripe_orig_props, stripe.csrf, cid, lang, machine_identifier, merchant, mp_{token}_mixpanel, private_machine_identifier, lc_window_stateWe rely on Stripe to handle payments made on Fernand.

You can remove or reject functional and advertising cookies. However, if you do not accept certain cookies, some functionalities and features of the sites and apps may not function properly and you may experience some inconvenience in their use. 

Contact and dispute resolution

Getfernand.com is committed to ensuring the privacy of personal data: You can contact the Getfernand.com Data Protection Officer at support@getfernand.com if:

  • you have any questions about this Privacy Policy; 
  • you encounter any issue when having access to your personal data or related to your rights as described above;
  • you believe that Getfernand.com is not complying with the GDPR or the applicable local data protection laws; 
  • you have a reason to believe that the security of your personal data has been compromised or misused.

When you want to report a claim by lodging a complaint to the Getfernand.com Global Data Protection Officer, you will need to send a letter to the address mentioned at the end of this Policy or submit your claim using the form referenced above containing (in addition to the information required by the form and depending on the type of rights) the name or reference of the concerned processing and any additional information as reasonably requested by the Getfernand.com Global Data Protection Officer.

If your usual place of residence is in European Union, Lichtenstein, Norway or Iceland, you have a right to file a complaint with your local data protection authority.

Date of entry into force of the privacy statement and changes to it

This Privacy Policy may be updated from time to time in accordance with Getfernand.com requirements and circumstances, or where required by applicable laws and regulations so please check back periodically for updates. If major changes occur to this Privacy Policy, Getfernand.com may inform you via email or by posting a notice on Getfernand.com websites or apps.

Last modification: September 9th, 2022

Additional privacy notices for certain geographies

Depending on where you are living, some additional terms as detailed below may be applicable to you. Where the Privacy Policy refers to “personal data”, it shall be interpreted, as applicable, to mean “personal information” as defined by the applicable data protection law.

USA – Privacy notice for california residents

California “Shine the Light” Act

The California “Shine the Light” Act, section 1798.83 of the California Civil Code, requires a business with whom a California resident has an established business relationship to disclose to such residents, upon their request: (1) the types of personal data the business shares with third parties for the third party’s marketing purposes, and (2) the identities of the third parties with whom the business has shared this information during the immediately preceding calendar year. If you are a California resident, and would like to make such a request, please submit your request via e-mail to support@getfernand.com.

California Consumer Privacy Act of 2018

Under the California Consumer Privacy Act of 2018 (“CCPA”) applicable to California residents, you are entitled to benefit from the following additional provisions regarding your personal information.

What are the Categories of Personal Information Collected

The categories of personal information Getfernand.com collects about California residents are identifiers (e.g. name, address, email, phone number, job title, and transactional information), and internet or other electronic network activity information (e.g. usage information, IP and MAC address, cookie information, and customer feedback).

What are your rights and choices

You have the right to request that Getfernand.com discloses to you certain information about Getfernand.com’s collection and use of your personal information over the past 12 months. That information includes:

  • The categories of personal information Getfernand.com collected about you;
  • The categories of sources from which Getfernand.com collected your personal information;
  • Getfernand.com’ business or commercial purpose for collecting, or sharing your personal information;
  • The categories of third parties with whom Getfernand.com shares your personal information, if any;
  • A copy of your personal information and a list of recipients, as applicable.

To exercise the rights described in the Privacy Policy you may either contact Getfernand.com at support@Getfernand.com or contacting:

Fernand SAS
128 rue la Boétie
75008 Paris
France

Only you, or a person, or a business entity registered with the California Secretary of State to conduct business in California that you authorize to act on your behalf, may make a request related to your Personal Information. The request must provide enough information to allow Getfernand.com to 1) reasonably verify you are the person about whom Getfernand.com collected Personal Information or an authorized representative and 2) enable Getfernand.com to properly understand, evaluate, and respond to it. Making such a request does not require you to create an account with us. Getfernand.com will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.

Non-discrimination

Getfernand.com will not discriminate against you (for example by denying you products or services, charging you a higher price or giving you a different level or quality of service) for exercising any of your CCPA rights. 

Contact information

If you have any questions or comments about this Privacy Policy, the ways in which Getfernand.com collects and processes your personal information, your privacy choices and rights under California law or wish to exercise your privacy rights, please do not hesitate to contact Getfernand.com at:

Fernand SAS
128 rue la Boétie
75008 Paris
France

Or by contacting the Getfernand.com Data Protection Officer at support@getfernand.com.