Privacy Policy
The protection of personal data is of paramount importance to MTXSERV, which wishes to explain clearly and transparently how and why it collects, processes, stores and uses its users' personal data.
This Privacy Policy also sets out the rights and control tools available to Users with regard to the processing of their personal data.
1. Introduction
This privacy policy (hereinafter the "Privacy Policy") is provided by MTXSERV, a simplified joint-stock company (SAS) with share capital of 500 euros, registered with the Agen Trade and Companies Register under number 534 093 059 (SIRET 534 093 059 00010), whose registered office is located at LD Lagaffe, 47130 Clermont-Dessous, France (hereinafter "MTXSERV" or "the Company").
MTXSERV makes available to users (hereinafter the "User(s)") the website https://www.mtxserv.com and its customer area (hereinafter the "Site"), through which it rents out game servers, voice servers (TeamSpeak) and virtual private servers (VPS).
2. What information does MTXSERV collect from its Users?
To let Users create an account, order and use the services, and contact the Company through the Site, MTXSERV, acting as data controller, collects in particular the following personal data:
Last name and first name;
Email address;
Billing address;
Telephone number, where applicable;
IP address;
Username and password;
History of orders, invoices and exchanges with support.
Card details are entered directly with MTXSERV's payment providers and are not stored by the Company.
The User is informed that if they do not wish to provide the requested personal data, they will not be able to use the services offered on the Site or be contacted by MTXSERV.
3. How and why is Users' personal data used?
Personal data is used to:
create and manage the User's account;
process orders, invoicing, payments and renewals (performance of the contract);
provide, administer and secure the services ordered, including fraud and abuse prevention (legitimate interest);
answer requests sent to support (performance of the contract or legitimate interest);
comply with legal obligations, notably accounting and tax obligations (legal obligation);
measure the Site's audience, only with the User's consent (see article 11 below).
4. With which third parties does MTXSERV share its Users' personal data?
Users' personal data is processed by MTXSERV and by the processors supporting its business (hosting of the Site and of the services, payment providers, support and email tools), only as far as their task requires. The Site is hosted by Vercel Inc. (United States).
When data is transferred outside the European Union, the transfer is covered by the safeguards of the GDPR (adequacy decision or the European Commission's standard contractual clauses).
MTXSERV's processors include:
Stripe (Stripe Payments Europe Ltd, Ireland), for payment processing; data transfers to the United States are covered by the European Commission's standard contractual clauses and the EU–US Data Privacy Framework;
Mailjet (Mailjet SAS, France), for sending transactional emails;
Vercel Inc. (United States), for hosting the Site; data transfers to the United States are covered by the European Commission's standard contractual clauses and the EU–US Data Privacy Framework.
5. What are the Users' rights?
Users have the following rights:
Right of access: the right to be informed of and to request access to the personal data MTXSERV processes;
Right to rectification: the right to ask MTXSERV to correct or update personal data that is inaccurate or incomplete;
Right to erasure: the right to ask MTXSERV to permanently delete personal data, subject to legal retention obligations;
Right to restriction: the right to ask MTXSERV to temporarily stop processing all or part of the personal data;
Right to object: the right to object at any time to the processing of personal data, in particular for direct marketing;
Right to withdraw consent: the right to withdraw consent at any time, as easily as it was given (for example with the "Manage cookies" link at the bottom of every page of the Site);
Right to data portability: the right to receive a copy of the personal data in an electronic format and to have it transmitted to a third-party service;
Right to give post-mortem instructions: the User may give MTXSERV instructions on the retention, erasure and communication of their data after their death. Without such instructions, MTXSERV will comply with the requests of the heirs as strictly set out in article 85 of the French Data Protection Act.
6. How can Users exercise their rights?
To exercise the above rights, and for any question about the processing of their personal data, Users can write to support@mtxserv.com or contact mTxServ support from their customer area.
MTXSERV has not appointed a named data protection contact person: the support@mtxserv.com address acts as the point of contact for any question about personal data.
So that MTXSERV can handle the request as quickly as possible, the User states its purpose and the account concerned. Where there is reasonable doubt about their identity, proof of identity may be requested.
7. How does MTXSERV secure Users' personal data?
MTXSERV implements appropriate technical and organisational measures to ensure a level of security suited to the risk: encrypted communications, access control, password hashing, backups, and procedures to restore the availability of data and to regularly test the effectiveness of these measures.
8. How long is Users' personal data kept?
Personal data is kept only for as long as necessary for the purpose for which it was collected or to meet MTXSERV's legal obligations:
data relating to a request sent to MTXSERV is kept for as long as it takes to handle it;
data of Users who have ordered services is kept for the duration of the contractual relationship;
data proving a right or a contract, or kept under a legal obligation (notably invoices), is archived for the period set by the applicable law (French Commercial Code, Civil Code and Consumer Code);
inactive accounts are not deleted automatically; the User can ask for their account to be deleted at any time (see article 6);
server backups are kept for one year after the service concerned expires;
data used for direct marketing is kept for three years from the end of the business relationship or the User's last contact.
At the end of these periods, personal data is deleted or anonymised.
9. Links to third-party sites
The Site may contain links to third-party sites. These sites have their own privacy policy, independent of MTXSERV's. Users are invited to read it.
10. The User's right to lodge a complaint with the CNIL
Users can lodge a complaint with the CNIL, the French data protection authority: 3 Place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France, www.cnil.fr.
11. Cookies and trackers
A cookie is a small file stored in the User's browser when they visit the Site.
The Site uses:
cookies strictly necessary for it to work (session and customer area login, cart, chosen currency and language, record of the cookie choice), which do not require consent;
cookieless audience measurement (Vercel Web Analytics), which stores no tracker in the browser;
Google Analytics audience measurement trackers, only if the User accepts them in the banner shown on their first visit. As long as no choice has been made, or if they are declined, Google Analytics is not loaded.
The User's choice is kept for six months in the mtx_consent cookie. It can be changed at any time with the "Manage cookies" link at the bottom of every page of the Site; declining is as easy as accepting and has no effect on browsing. Google Analytics cookies last 13 months at most.
Users can also set their browser to block or delete cookies; how to do so is described in each browser's help menu. More information: https://www.cnil.fr/en/cookies-and-other-tracking-devices.
12. Changes to the Privacy Policy
This Privacy Policy may be amended. MTXSERV advises its Users to check this page regularly. In the event of a significant change, MTXSERV will inform Users.