I - INTRODUCTION
The contact details of the teachers are never sent to the students except in the case where the teacher accepts the lesson requests and indicates that he wants to send his contact details to the student to organize the first lesson.
All the pages of the site are secured by the HTTPS protocol and the navigation between the pages is encrypted.
No bank card data is ever kept by Superprof, apart from the last 4 digits.
Superprof does not sell or rent any information or data about its members.
After viewing the announcements, students can get in touch with teachers they have selected.
They then send a lesson request containing a message to all teachers who seem to match their request. These messages must not contain any means of contacting the student other than through the Superprof site, i.e. neither a telephone number, nor a URL, nor an email or postal address.
Connecting with one of the selected teachers will cost the student RM25/month (Student Pass) and its costs will give them the possibility of contacting as many teachers as they wish during their subscription. The subscription is automatically renewable and without obligation.
The student can cancel their RM25/month subscription at any time from their account.
If several of the teachers selected are available, the student will only pay the price of the Student Pass of RM25 once a month and can thus choose the teacher they prefer.
The student can only be reimbursed in the event of the teacher's unavailability. Depending on the case, proof may be requested in order to proceed with the reimbursement. We would like to point out that if the request for reimbursement in the event of the teacher's unavailability is accepted, the deactivation of the Student Pass remains the responsibility of the member, who is invited to follow the termination procedure to interrupt the renewal of the service fees.
If the lesson request is initially accepted and then declined for ethical and legally sanctioned reasons (such as the explicit request to substitute the student during an exam or the complete writing of assignments), Superprof will not will not respond favorably to the refund request.
Superprof SAS (whose registered office is located at 51 rue du faubourg Saint-Denis 75010 Paris, France), in its capacity as data controller, attaches great importance to the protection and respect of your privacy. This policy is intended to inform you of our practices regarding the collection, use and sharing of information that you are required to provide to us through our platform (the "Platform") accessible from the website www.superprof.com.my.
This policy sets out how we treat the personal data that we collect and that you provide to us. We invite you to read this document carefully to know and understand our practices regarding the processing of your personal data that we implement.
2. Information We Collect
We may collect and process the following data:
2.1. Information that you provide to us directly
By using our Platforms, you are required to send us information, some of which is likely to identify you (“Personal Data”). This is particularly the case when you fill out forms (such as the registration form), when you get in touch with another Superprof member, when you contact us - whether by phone, email or any other means. communication – or when you tell us about a problem.
This information contains in particular the following data:
2.1.1. The data needed to register for the service we provide on our Platforms. This data includes your first and last name, postal address, e-mail address, mobile phone number, landline phone number, gender, date of birth, IP address, Skype / Hangouts ID, password. Among this information, only your surname, first name, e-mail address and password are mandatory. Otherwise, Superprof will not be able to provide you with the services offered by our Platforms and you will not be authorized to create an account on our Platform;
2.1.2. A photograph;
2.1.3. A postal address;
2.1.4. A copy of all exchanges between Superprof and you;
2.1.5. A copy of all course requests or publications made on our Platforms;
2.1.6. The details of the financial or accounting operations carried out on our Platforms or by any other means, containing in particular information relating to your payment card, your bank details, information relating to the courses reserved or for which you have published an announcement on our Platforms;
2.1.7. Details of your visits to our Platforms and the content you have accessed;
2.1.8. If applicable, your answers to our surveys and questionnaires and the opinions you left to evaluate a course carried out with another member of our community, this information being in particular likely to be used in the context of research and analysis of the user behavior;
2.1.9. The data that we may ask you to provide when you report a problem with our Platforms or our services;
2.1.10. Data related to your location when you have agreed to our collection and processing of this data;
2.2. Data we collect automatically
2.2.1. In the event that you connect to our services using the social network functionalities made available to you, Superprof will have access to some of the data (in particular, your first name, last name, photograph, e-mail address and number of friends Facebook) of your account on said social network in accordance with the general conditions of use of the social network concerned. We may also collect some of your Personal Data when you interact with features of these social networks, such as the "Like" features.
2.2.3. We also collect information about your use of our Platform (such as the number of ads posted, your response rate to messages, your date of registration, your average rating received, etc.) which may be displayed on your public profile.
2.3. Duration of retention of your data
Your data will be secure and kept indefinitely unless you request their deletion via the email address firstname.lastname@example.org
3. How do we use the data we collect?
3.1 Perform contracts between you and us or between us and our business partners and provide you with requested information and services. This processing is necessary for the performance of our respective contractual obligations.
3.2 Sending you information about our services (such as lesson booking confirmations) by email, SMS or any other means of communication. This processing is necessary for the performance of our respective contractual obligations and/or carried out with your consent.
3.3 Collect your payments. This processing is necessary for the performance of our respective contractual obligations.
3.4 To allow you to personalize your profile on our Platforms. This processing is carried out on the basis of your consent.
3.5 Enable you to communicate and interact with other members of our community. This processing is necessary for the performance of our respective contractual obligations and/or carried out with your consent.
3.6 Give you access and allow you to communicate with our member relations service. This processing is (i) necessary for the performance of our respective contractual obligations, (ii) carried out with your consent and/or (iii) necessary for the establishment, exercise or defense of legal claims. p>
3.7 Ensure compliance with applicable law and our terms and conditions. In the event of breaches on your part, we may suspend your account on our Platforms; This processing is (i) necessary for the performance of our respective contractual obligations, (ii) carried out with your consent and/or (iii) necessary for the establishment, exercise or defense of legal claims. p>
3.8 To send you, in accordance with the applicable legal provisions and with your consent when required by law, marketing, advertising and promotional messages and information relating to the use of our services, booking methods, or to suggest and advise you of goods or services that may be of interest to you. We are also likely to use your data to send you advertising messages that may be of interest to you on social media platforms or third-party sites. If you would like more information on this subject, we invite you to read the contractual documents of these platforms. This processing is based on your consent and/or our legitimate interest (providing you with relevant information).
3.9 To notify you of changes to our services. This processing is necessary for (i) the performance of our respective contractual obligations, (ii) compliance with our legal obligations and/or (iii) the establishment, exercise or defense of legal claims.< /p>
3.10 Manage our Platforms and perform internal technical operations in the context of problem solving, data analysis, testing, research, analysis, studies and surveys. This processing is based on our legitimate interest (to ensure the security of our Platforms and to improve their characteristics).
3.11 Improve and optimize our Platforms, in particular to ensure that the display of our content is adapted to your device. This processing is based on our legitimate interest (providing you with relevant content).
3.12 To allow you to use the interactive features of our services if you wish. This processing is necessary for the performance of our respective contractual obligations and/or carried out with your consent.
3.13 help us maintain a safe and healthy environment on our Platforms. This processing is (i) based on our legitimate interest (ensuring the security of our Platforms), (ii) necessary for compliance with our legal obligations and/or (iii) necessary for the establishment, exercise or defense of a right to justice.
3.14 Evaluate the effectiveness of the advertising messages we send and adapt them to our members. This processing is based (i) on our legitimate interest (to measure and optimize the effectiveness of our campaigns) and/or (ii) on your consent.
4. Who are the recipients of the information we collect and why do we send them this information?
4.1. As part of the use of our services, some of your information is transmitted to other members of our community, through your public profile or as part of the reservation process (for example, we communicate your telephone number to the people with whom you wished to have lessons).
4.2. We also work closely with third-party companies that may have access to your Personal Data, and in particular with:
social media platforms that can offer you features allowing you to integrate information from your account on their own platform into your Superprof profile;
the subcontractors we use for technical services, payment services, identity verification or analytical solution providers.
4.3. We do not share your data with the third parties mentioned in 4.2. above only in the following cases:
4.4.1. When we use a service provider in connection with the performance of any contract between you and us or in order to provide or improve our services (for example, in the context of payments made via our Platforms);
4.4.2. As part of the reservation process, we are required, in order to provide the requested services, to display on our Platforms or to transmit to another member some of your Personal Data such as your first name, photograph, mobile phone number or email address. -mail;
4.4.3. We publish the reviews you write as part of our review system on our Platforms. These notices, which contain your first name and your photograph, are visible to all visitors to our Platforms;
4.4.4. When we use search engine and analytics providers to improve and optimize our Platforms;
4.4.5. When you expressly request it (for example, when you use the authentication methods provided by social networks), subscribe to a service provided by one of our partners, ask to benefit from an offer or a good plan from one of our partners);
4.4.6. When we have a legal obligation to do so or if we believe in good faith that it is necessary to (i) respond to any claim against Superprof, (ii) comply with any legal request, (iii) make to carry out any contract concluded with our members, such as the General Conditions of Use (iv) in the event of an emergency involving public health or the physical integrity of a person, (v) within the framework of investigations and investigations, or (vi) in order to guarantee the rights, property and safety of Superprof, its members and more generally any third party;
4.4.7. In the event that we sell or acquire a business or assets, in which case we reserve the right to share your Personal Data with the potential seller or buyer of this business or these assets.
4.4.8. If Superprof or all or part of its assets are acquired by a third party, the data in our possession will, if necessary, be transferred to the new owner.
4.4.9. In accordance with applicable law and with your consent when required, we may aggregate data that concerns you and that we receive or send to our business partners, including all or part of your Personal Data and information collected through of cookies. This aggregated information will only be used for the purposes described above.
4.4.10. We draw your attention to the fact that if you decide to allow us to access some of your information, in particular your Personal Data, through connection services made available by our business partners, their privacy policies are also opposable. We have no control over the collection or processing of your data implemented by our business partners on their own platform.
4.4.11 You authorize us to use your name, profile picture, content in connection with commercial, sponsored or associated content that we distribute or enhance.
4.5 You can delete your account directly from your dashboard in the profile section or write to us at email@example.com so that a member of our team can delete your account. We do not store any data from deleted accounts in our back office.
We do not pass on your content or information for resale to any third party company.
5. How do we use and moderate your posts?
5.1. We may read the messages that you exchange with other members of our community via our Platforms, in particular for the purposes of fraud prevention, improvement of our services, user assistance, verification of compliance by our members with the contracts concluded with us and in particular our General Conditions of Use. For example, in order to prevent a member from circumventing our online reservation system, we authorize ourselves to browse and analyze the messages exchanged on our Platforms in order to ensure that they do not contain any contact details or references to other websites.
5.2. We never learn about your communications with other members of our community for promotional or targeted advertising purposes. Where possible, we use automated systems to moderate messages transmitted between members via our Platforms, without any individual decision being taken.
6. Targeted advertisements, e-mails and SMS that we send to you
In accordance with applicable legislation and with your consent when required, we may use the data you provide to us on our Platforms for commercial prospecting purposes (for example to (i) send you our newsletters, (ii ) send you invitations to our events or other communications that may be of interest to you and (iii) display targeted advertisements on social media platforms or third-party sites).
With regard to promotional emails: you can withdraw your consent at any time by (i) unchecking the relevant box in your account, (ii) clicking on the unsubscribe link provided in each of our communications or (iii) by contacting us as described in article 13 below.
With respect to targeted advertising:
On social media platforms (e.g. Facebook, Twitter): you can object to this processing at any time by configuring the advertising settings in your account.
7. Is your data transferred, how and where?
As a rule, we store your Personal Data within the European Union. However, to the extent that, for example, some of our service providers are located in countries outside the European Union (“Third Countries”), we transfer some of your Personal Data to Third Countries. This may in particular be the case towards Third Countries for which the European Commission has not taken a decision of “adequate protection”. In such a case, we ensure that this transfer is carried out in accordance with the applicable regulations and guarantees a level of protection a sufficient level of protection of the privacy and fundamental rights of individuals (in particular by the standard contractual clauses of the Commission European).
Upon simple request to our Data Protection Officer (firstname.lastname@example.org), we can provide you with more information about these transfers (including the standard contractual clauses of the European Commission).
8. What are your rights over your personal data?
8.1. You have the right to receive a copy of your Personal Data in our possession (“right of access”).
8.2. You can also request the erasure of your Personal Data as well as the rectification of erroneous or obsolete Personal Data (“right of erasure and right of rectification”) by writing to us at email@example.com. Please note that we may retain certain information about you when required to do so by law or when we have a legitimate reason to do so. This is the case, for example, if we believe that you have committed fraud or violated our General Conditions of Use and that we wish to prevent you from circumventing the rules applicable to our community.
8.3. You also have the right to object at any time for reasons relating to their particular situation, (i) to the processing of your Personal Data for direct marketing purposes or to processing carried out on the basis of our legitimate interest (“right to 'opposed').
8.4. You have the right to limit the processing carried out on your Personal Data (“right to limitation”). Please note that this right only applies if (i) you dispute the accuracy of your Personal Data for the duration allowing us to verify the accuracy of the latter; (ii) in the event of unlawful processing on our part and you request a restriction of their use rather than erasure, (iii) we no longer need the personal data for the purposes of the processing but they are still necessary for the establishment, exercise or defense of legal claims; iv) in the event of exercise of your right of opposition during the verification period relating to the point of knowing whether the legitimate reasons which we pursue prevail over yours.
8.5. You have the right to lodge a complaint with the competent supervisory authority or to obtain compensation from the competent courts if you consider that we have not respected your rights.
8.6. You also have the right to the portability of your data, i.e. the right to receive the Personal Data that you have provided to us in a structured, commonly used and machine-readable format and the right to transmit this data to another data controller (“right to portability”).
8.7. You also have the right to define directives relating to the fate of your Personal Data after your death.
8.8. To exercise these rights, you can contact our Personal Data Protection Officer according to the procedures defined in article 13 below.
8.9. Confidentiality of your password
You are responsible for maintaining the confidentiality of the password you have chosen to access your account on our Platforms.
You agree to keep this password secret and not to communicate it to anyone.
8.10. In accordance with article 223-2 of the Consumer Code, both students and Superprof teachers can subscribe to a list opposing cold calling.
9. Links to other websites and social networks
Our Platforms may occasionally contain links to the websites of our partners or third-party companies. Please note that these websites have their own privacy policies and that we are not responsible for the use made by these sites of the information collected when you click on these links. We invite you to read the privacy policies of these sites before transmitting your Personal Data to them.
In accordance with articles of the Consumer Code L.611-1 and following, it is provided that for any dispute of a contractual nature that could not be resolved within the framework of a complaint previously lodged with our customer service, you can, as a consumer, have free recourse to mediation by contacting the National Association of Mediators (ANM) either by post by writing to 62, rue Tiquetonne 75002 PARIS or by e-mail by completing the online referral form at the following address: www.anm-conso.com.
- sending an email to our Data Protection Officer at firstname.lastname@example.org
- or by sending us a letter to the following address: Superprof SAS – For the attention of the Data Protection Officer – 51 rue du faubourg Saint-Denis 75010 Paris.
III - Right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance , following telephone or off-premises canvassing, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day of the conclusion of the contract.
The right of withdrawal can be exercised by contacting Superprof as follows:
1 - Write an email to email@example.com with the subject: "Right of withdrawal"
2 - The email must contain the right of withdrawal form in accordance with the law downloadable here .
You can also send the right of withdrawal form to the following address: Superprof SAS, 51 rue du faubourg Saint-Denis, 75010 Paris. In the event of exercise of the right of withdrawal within the aforementioned period, only the price due for the connection with the teacher (RM25) or the premium subscription (RM75 or RM350) will be refunded.
Following receipt of the email or letter, the Superprof team undertakes to reimburse the member for the amount paid within 14 days.
The Subscriber may, if he wishes, immediately access paid services without waiting for the end of the withdrawal period, in accordance with Article L.221-25 of the Consumer Code.
Nevertheless, if the subscriber connects to his account and uses the services before the expiry of this period, this first connection after taking out a subscription constitutes an express request from the subscriber to immediately access to paid services.
The subscriber who has requested to benefit from paid services before the end of the withdrawal period will have to pay an amount proportional to his use of the services.
Superprof will then reimburse the subscriber for the price of the subscription minus the amount corresponding to the number of days elapsed between the day of the first use of the subscription and that of receipt by Superprof of the withdrawal request, it being specified that any day started is due.
Consequences of withdrawal
The refund will take place within 14 days from the date on which Superprof was informed of the subscriber's decision to withdraw, by the same means of payment as that used by the subscriber for the transaction initial, unless otherwise instructed by the latter.
Exception to the right of withdrawal
You cannot cancel a Student Pass order if it has been initiated at your request and the teacher has accepted that you exchange your contact details, which is worth recognizing that you therefore lose your right of withdrawal.< /p>