PRIVACY & COOKIE POLICY

RED SWAN (the “Company”) processes personal data (“Data”) in the course of its business activities, which includes the Data of individuals who use the services offered through the RED SWAN application (the “Application”).

In accordance with its commitment to individual rights, particularly in regard to automated processing, and with the goal of maintaining transparency with both Users of the Application and its professional Clients (including educational institutions, training centers, etc.), RED SWAN has established this privacy policy (the “Policy”). The Policy outlines the various forms of data processing undertaken, the purposes of such processing, and the rights and remedies available to individuals to exercise control over their Data.

RED SWAN reserves the right to modify or update this Policy at any time, in particular to reflect changes in legislation, regulations, case law, or technological developments.

1. Definitions

• “Personal Data” refers to any information relating to an identified or identifiable natural person who can be directly or indirectly identified from such data.
• “Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means.
• “Service” refers to the services provided by RED SWAN.

2. Data Controller – Data Protection Officer

RED SWAN is the Data Controller for all Personal Data collected directly or indirectly from Clients of the Service, Users of the Application, and its Partners.

Provision of certain Personal Data is mandatory for access to the Application’s Services. Failure to provide such Data may result in RED SWAN being unable to process a request for a Service or information regarding a Service.

Data of Clients and Users

Data from Clients, Users, and Partners is collected through:

• the ApRED SWAN is committed to maintaining the quality, confidentiality, and integrity of the personal and confidential data of its Users. The Company implements all necessary technical and organizational measures to ensure the security of personal data processing and the confidentiality of the Data.

In this regard, RED SWAN takes all reasonable precautions, taking into account the nature of the data and the risks inherent in processing, to prevent alteration, damage, or unauthorized access by third parties. These measures include physical protection of facilities, authentication procedures with secure and personal access (via usernames and confidential passwords), connection logging, and encryption of certain data.

RED SWAN maintains physical, electronic, and software-based security measures and procedures in connection with the collection, storage, and disclosure of Users’ personal data. As part of these procedures, RED SWAN may require Users to verify their identity before any personal information is disclosed.

Individuals who have access to personal data are bound by strict confidentiality obligations.

Nevertheless, despite RED SWAN’s best efforts to protect personal data, the Company cannot guarantee absolute protection against errors that may occur during the transmission of data, due to the inherent risks of internet-based communication, which remain beyond the Company’s reasonable control.

4. Disclosure of Data to Third Parties

Personal Data will not be disclosed to third parties except in the cases expressly provided for in this Policy. Personal Data may be disclosed to third parties if RED SWAN is required to do so by law or regulation, or if such disclosure is necessary in connection with legal proceedings, including judicial requests or litigation.

5. Who Has Access to the Data?

Within the limits of their respective responsibilities and for the purposes outlined above, the primary individuals who may have access to Users’ Data are RED SWAN employees responsible for delivering the Services.

To carry out these tasks and facilitate Data Processing—particularly with respect to analysis—RED SWAN engages several subcontractors, including OVH France in its capacity as hosting provider.

These subcontractors are contractually bound to process Data in accordance with this Policy. They are not authorized to sell or disclose the Data to any other third party.

6. Transfer of Data Outside the European Union

RED SWAN undertakes to comply with applicable regulations governing the transfer of Data to foreign countries. In particular:plication.

As part of these data collection activities, RED SWAN gathers the following categories of information:

• Identification data (for Application Users): first name, last name, email address, home address (excluding opt-out), billing address, delivery address (if applicable), name of the university or training organization, reference details for the User’s class/ (e.g., class number, type of study, academic period, name of specific program), student status, location and date of registration, username, encrypted password, total hours spent using the game and its two environments since registration, latest and highest scores for each component of the full TOEIC and the full TOEIC itself, target score, internet protocol, IP address, device type (including screen resolution, size, and density), device operating system name, version and language, marketing ID (IDFA or GAID, where consent is provided), store ID (e.g., Game Center ID or Google Play ID).

Purposes of Data Collection by RED SWAN

RED SWAN collects User Data for the following purposes:

• Processing No. 1 – Performance of the Contract
  Primary Purpose: To enable the use of the Red Swan game.
  Personal Data Processed: First name, last name, email address, home address (excluding opt-out), billing address, and where applicable, delivery address; name of the university or training institution; reference details for the User’s academic class (e.g., class number, type of studies, academic dates, specific program name); student status; place and date of registration; username; encrypted password; total number of hours spent in the game and its two environments since registration; latest and highest scores for each component of the FULL TOEIC and the FULL TOEIC itself; target score; internet protocol; IP address; device type including screen resolution, size, and density; name, version, and language of the device’s operating system; marketing ID (IDFA or GAID, where consent has been given); store ID (e.g., Game Center ID or Google Play ID).
  Legal Basis: Performance of a contract.
• Processing No. 2 – Billing
  Primary Purpose: Management of payments to RED SWAN.
  Personal Data Processed: First name, last name, home address (excluding opt-out), billing address, delivery address (where applicable), email address, and any correspondence with the client.
  Legal Basis: Performance of a contract and compliance with a legal obligation.
• Processing No. 3 – Promotion of RED SWAN Services
  Primary Purpose: To promote RED SWAN’s services to its Users.
  Personal Data Processed: First name, last name, email address.
  Legal Basis: Legitimate interest.

3. What Security and Confidentiality Measures Are Implemented by RED SWAN?

• RED SWAN may transfer Users’ Personal Data to countries recognized by the CNIL (the French Data Protection Authority) as offering an adequate level of protection.
• Where RED SWAN transfers Users’ Personal Data to countries not recognized by the CNIL as offering sufficient protection, such transfers shall be carried out in accordance with the requirements of the General Data Protection Regulation (GDPR) and the French Data Protection Act (Loi Informatique et Libertés).

7. How Long is Data Retained?

RED SWAN retains Data for each of the processing purposes described in this Policy only for the duration strictly necessary to achieve the respective processing purpose.

• Processing No. 1 – Performance of the Contract
  Retention Period: For the duration of the contractual relationship, followed by a period of five (5) years from the end of the relationship with the Client or User.
• Processing No. 2 – Billing
  Retention Period: Ten (10) years from the close of the financial year to which the invoices relate, in compliance with accounting and tax obligations.
• Processing No. 3 – Promotion of RED SWAN Services
  Retention Period:
  • For RED SWAN clients: for the duration of the contractual relationship plus three (3) years.
  • For non-clients: for a period of three (3) years from the date of last contact.

8. Our Cookie Policy

8.1. Use of Cookies When Visiting the Website Only

To enable Users to benefit from the services offered via its website, RED SWAN uses cookies. Upon each User’s first visit to the site, an information banner notifies them that browsing data may be stored in files called “cookies.”

What Is a Cookie and What Is Its Purpose?

When visiting the website, information related to the User’s device (computer, tablet, smartphone, etc.) and its navigation may be stored in text files called “cookies,” which are installed on the browser. These cookies allow the browser to be recognized for the duration of the cookie’s validity. Only the issuer of a cookie can read or modify the information contained therein.

Cookies Placed by RED SWAN

Cookies placed on the User’s device by RED SWAN serve the following purposes:

• Ensuring the normal and efficient operation of the website;
• Remembering information provided by the User in forms or relating to services used (e.g., registration, account access);
• Storing browser display preferences (language, display settings, operating system, etc.) and adapting the site’s presentation according to the hardware, software, or viewing methods used;
• Allowing access to restricted and personal areas of the website or services, such as the User’s personal account, via identifiers or data previously provided by the User;
• Implementing security measures.

Third-Party Cookies

RED SWAN’s website may include cookies issued by third parties (such as performance analytics tools or audience measurement services). These third parties may collect browsing information related to Users’ devices for the duration of their respective cookie validity.

Users can disable third-party cookies at any time by clicking on the relevant links (see the section “Managing and Using Website Cookies”). The issuance and use of cookies by these third parties are governed by their own terms and policies.

Analytical Cookies: RED SWAN uses analytical cookies to monitor website traffic and generate statistical data on site usage. This helps track and improve website performance. These cookies measure and analyze site traffic, page visits, and service use, enabling RED SWAN to conduct studies and improve the relevance and usability of its website and services.

A traffic analysis tool used on the website is Google Analytics.

Managing and Using Website Cookies

The User’s prior consent must be obtained via a clear affirmative action before any cookies are placed—except for “technical cookies,” which are strictly necessary to facilitate electronic communication or to provide a specific online service expressly requested by the User.

Users can disable cookies at any time, free of charge, using the opt-out options outlined below:

• During the first connection to the site, a cookie consent banner appears, giving the User the choice to accept or refuse cookies. The User can consent or refuse cookies for each purpose specifically and independently.
• Users can modify their choices at any time by clicking on the “Cookie Settings” link located at the bottom of the website or by accessing the following link: [Insert link to Cookie Settings page].

Users may also configure their browser software to either accept or reject cookies on their device, either systematically or based on the cookie issuer.

9. Purposes of Cookie Collection

9.1. GOOGLE ANALYTICS

Google Analytics is a tool used to track and measure user interactions on the website. Sequences of events are recorded (such as landing on the website, clicking on the registration button, or previewing exercises). This helps RED SWAN understand how the site is used and to improve the user experience on its platforms.

No personal data is transmitted to Google Analytics. Only the nature of the interaction (e.g., which button was clicked) is shared.

If desired, Users can prevent the activation of Google Analytics by using tools such as the Google Analytics Opt-out Browser Add-on.

9.2. GOOGLE ADS

RED SWAN uses Google Ads to deliver personalized advertisements. The aim is to enhance user experience while expanding the features and offerings of the Application.

Google Ads presents ads based on Users’ prior interactions, usage behavior, and preferences. The purpose of such personalized advertising is to display relevant and engaging offers that improve the overall user experience within the application.

Google’s Privacy Policy:
For more details on how Google Ads collects, processes, and uses personal data, please consult Google’s Privacy Policy: https://policies.google.com/privacy.
Google also offers various data protection settings that allow Users to manage how their data is used for advertising purposes.

Retention and Processing:
The data collected by Google Ads is retained for as long as necessary to provide the advertising services and fulfill their associated purposes. RED SWAN is committed to ensuring that the data is protected and used strictly within the scope of these purposes.

User Rights and Control:
As a User, you have the right to access, correct, erase, or restrict the processing of your personal data, as well as the right to object to its use—particularly in relation to advertising.
Users may refuse to have their activity tracked by Google Analytics by installing the aforementioned browser add-on. Certain analytics features can also be disabled via the settings on your mobile device or by following the steps in Google’s privacy policy.
For full details on Google’s privacy practices, visit: https://policies.google.com/privacy.

9.3. GOOGLE PLAY IN-APP PURCHASES

Processing of In-App Purchase Data:
When a User makes an in-app purchase via Google Play, RED SWAN receives certain information from Google Play to complete the transaction. This may include:

• Username
• Purchase transaction details
• Date of purchase
• Purchase amount
• Content purchased

This data is used exclusively for the execution of the purchase, access to the purchased content, billing, and responding to customer support inquiries related to such purchases.

Legal Basis:
The processing of these data is necessary for the performance of a contract, in accordance with Article 6(1)(b) of the GDPR and applicable data protection laws.

Retention Period:
Data is retained for as long as necessary to complete the purchase and provide access to the relevant services. It is also retained as required by applicable legal and regulatory obligations.

Data Protection and Security:
RED SWAN implements all necessary technical and organizational measures to ensure the confidentiality and security of Users’ personal data. Data is processed in a confidential manner and will not be shared with third parties unless required for completing the purchase or to comply with legal obligations.

User Rights:
Users have the right to access, rectify, erase, or restrict the processing of their data. They also have the right to object to such processing at any time.

Google Play Cooperation:
Please note that Google Play has its own privacy policy governing how your data is processed in connection with in-app purchases.
By making use of in-app purchase functionalities in the RED SWAN Application, Users agree to the processing of their data under the conditions described in this policy. RED SWAN’s objective is to provide a secure and user-friendly purchasing environment, while fully respecting data protection rights.

10. What Are the Rights of Users?

Whenever RED SWAN processes Personal Data, all reasonable measures are taken to ensure that the Data is accurate and relevant with respect to the purposes for which it is processed.

In accordance with French Law No. 78-17 of 6 January 1978, as amended, and the General Data Protection Regulation (EU) 2016/679 (GDPR) of 27 April 2016, Users—or more generally, any data subjects—have the following rights:

Exercising Your Rights

To exercise any of the above rights, Users may contact the Data Controller by email at:
support@redswantutor.com

Or by postal mail at:
RED SWAN SARL
1 Chemin Lesquire
64370 Arthez-de-Béarn
France

Please include your client number or account reference, if applicable.
In the event of reasonable doubt concerning the identity of the requestor, RED SWAN may request a copy of a valid identity document to process the request.