Definitions
Client: any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services: https://unbattementdaile.fr/ provides Clients with:
Content: All elements constituting the information present on the Site, including texts – images – videos.
Client Information: Hereinafter referred to as "Information" which corresponds to all personal data likely to be held by https://unbattementdaile.fr/ for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to, using the aforementioned site.
Personal Information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of January 6, 1978).
The terms "personal data", "data subject", "subcontractor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)
1. Website presentation.
In accordance with article 6 of law n° 2004-575 of June 21, 2004, for confidence in the digital economy, users of the website https://unbattementdaile.fr/ are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SARL Un Battement d'aile Share capital of €2000 VAT number: FR51903406700 – 413 rue Philippe Héron 69400 Villefranche sur Saône
Publication Manager: Un Battement d'aile – contact@unbattementdaile.fr
The publication manager is a natural person or a legal entity.
Webmaster: Stephanie DEFOUR – contact@unbattementdaile.fr
Host: gandi – 63-65 Boulevard Masséna 75013 Paris 01 70 37 76 61
Data Protection Officer: Un Battement d'aile – contact@unbattementdaile.fr
These GDPR legal notices are generated by the free generator offered by Orson.io
2. General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations.
The Client may not, in any way, reuse, transfer or exploit for his own account all or part of the elements or works of the Site.
The use of the site https://unbattementdaile.fr/ implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the site https://unbattementdaile.fr/ are invited to consult them regularly.
This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://unbattementdaile.fr/, which will then endeavor to communicate the dates and times of the intervention to users beforehand.
The website https://unbattementdaile.fr/ is regularly updated by the person responsible for https://unbattementdaile.fr/. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to become aware of them.
3. Description of services provided.
The purpose of the website https://unbattementdaile.fr/ is to provide information concerning all of the company's activities.
https://unbattementdaile.fr/ strives to provide information on the site https://unbattementdaile.fr/ that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by itself or by third-party partners who provide it with this information.
All information indicated on the site https://unbattementdaile.fr/ is given for informational purposes only, and is subject to change. Furthermore, the information on the site https://unbattementdaile.fr/ is not exhaustive. It is given subject to modifications having been made since it was put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology.
The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses and with an up-to-date, latest-generation browser.
The site https://unbattementdaile.fr/ is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services generate traffic deemed abnormal.
https://unbattementdaile.fr/ and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://unbattementdaile.fr/ is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, except with prior written authorization from: https://unbattementdaile.fr/.
Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
https://unbattementdaile.fr/ acts as the editor of the site. https://unbattementdaile.fr/ is responsible for the quality and veracity of the Content it publishes.
https://unbattementdaile.fr/ cannot be held responsible for direct and indirect damages caused to the user's equipment when accessing the website https://unbattementdaile.fr/, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://unbattementdaile.fr/ cannot also be held responsible for indirect damages (such as, for example, a loss of market or loss of opportunity) resulting from the use of the site https://unbattementdaile.fr/.
Interactive spaces (possibility to ask questions in the contact area) are available to users. https://unbattementdaile.fr/ reserves the right to delete, without prior notice, any content deposited in this space that would violate the applicable legislation in France, in particular the provisions relating to data protection. Where appropriate, https://unbattementdaile.fr/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, offensive, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Data controllers for personal data collection
For Personal Data collected in the context of the creation of the User's personal account and their navigation on the Site, the data controller for Personal Data is: Un Battement d'aile. https://unbattementdaile.fr/ is represented by Stephanie DEFOUR, its legal representative
As the data controller for the data it collects, https://unbattementdaile.fr/ commits to complying with the framework of current legal provisions. It is notably up to the Client to establish the purposes of its data processing, to provide its prospects and clients, based on the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing in accordance with reality.
Whenever https://unbattementdaile.fr/ processes Personal Data, https://unbattementdaile.fr/ takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://unbattementdaile.fr/ processes them.
7.2 Purpose of collected data
https://unbattementdaile.fr/ may process all or part of the data:
- to enable navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data of the Site, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://unbattementdaile.fr/: email address
- to conduct communication campaigns (SMS, email): phone number, email address
https://unbattementdaile.fr/ does not market your personal data, which are therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://unbattementdaile.fr/ have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), update, completeness of User data, right to lock or erase personal User data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to restrict the processing of User data (Article 18 GDPR)
- right to object to the processing of User data (Article 21 GDPR)
- right to data portability for data that Users have provided, when such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to define the fate of User data after their death and to choose to whom https://unbattementdaile.fr/ should communicate (or not) their data to a third party they have previously designated
As soon as https://unbattementdaile.fr/ becomes aware of the death of a User and in the absence of instructions from them, https://unbattementdaile.fr/ undertakes to destroy their data, unless their retention is necessary for probative purposes or to comply with a legal obligation.
If the User wishes to know how https://unbattementdaile.fr/ uses their Personal Data, requests to rectify them, or objects to their processing, the User can contact https://unbattementdaile.fr/ in writing at the following address:
Un Battement d'aile – DPO, Un Battement d'aile
413 rue Philippe Héron 69400 Villefranche sur Saône.
In this case, the User must indicate the Personal Data that they would like https://unbattementdaile.fr/ to correct, update or delete, by identifying themselves precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on https://unbattementdaile.fr/ by law, particularly concerning the retention or archiving of documents. Finally, Users of https://unbattementdaile.fr/ can file a complaint with the supervisory authorities, and notably the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://unbattementdaile.fr/ refrains from processing, hosting or transferring Information collected on its Clients to a country located outside the European Union or recognized as "inadequate" by the European Commission without prior notice to the client. However, https://unbattementdaile.fr/ remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://unbattementdaile.fr/ undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Client Information is brought to the attention of https://unbattementdaile.fr/, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://unbattementdaile.fr/ does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of https://unbattementdaile.fr/ and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes recalled above, the main people likely to have access to the data of Users of https://unbattementdaile.fr/ are mainly the agents of our customer service.
8. Incident notification
No matter how much effort is put in, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security.
If we become aware of a security breach, we would notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We commit to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them comply with their own regulatory reporting obligations.
No personal information of the user of the site https://unbattementdaile.fr/ is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://unbattementdaile.fr/ and its rights would allow the transmission of said information to the eventual acquirer who would in turn be bound by the same obligation of conservation and modification of data vis-à-vis the user of the site https://unbattementdaile.fr/.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, https://unbattementdaile.fr/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://unbattementdaile.fr/ takes all reasonable steps to protect them from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links, "cookies" and internet tags
The website https://unbattementdaile.fr/ contains a number of hypertext links to other sites, established with the authorization of https://unbattementdaile.fr/. However, https://unbattementdaile.fr/ does not have the ability to verify the content of the sites thus visited, and consequently assumes no responsibility for this fact.
Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time and free of charge from the deactivation options offered to you and reminded below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
9.1. "COOKIES"
A "cookie" is a small information file sent to the User's browser and stored in the User's terminal (e.g., computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, as well as the date and time of access. Cookies are in no way likely to damage the User's terminal.
https://unbattementdaile.fr/ may process information about the User's visit to the Site, such as the pages viewed and searches performed. This information allows https://unbattementdaile.fr/ to improve the content of the Site and the User's navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site. The User can configure their browser to allow them to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or according to their sender. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be stored in their terminal. https://unbattementdaile.fr/ informs the User that, in this case, not all functionalities of their browser software may be available.
If the User refuses to store Cookies in their terminal or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://unbattementdaile.fr/ or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, https://unbattementdaile.fr/ declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by https://unbattementdaile.fr/, resulting from (i) the User's refusal of Cookies (ii) the inability of https://unbattementdaile.fr/ to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow to know how the User can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. https://unbattementdaile.fr/ may also use the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to social networks Twitter, Facebook, Linkedin and Google Plus appearing on the https://unbattementdaile.fr/ Site or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Website or the mobile application of https://unbattementdaile.fr/, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals on condition that you consent to them, by continuing your navigation on the Website or the mobile application of https://unbattementdaile.fr/. At any time, the User can nevertheless withdraw their consent for https://unbattementdaile.fr/ to deposit this type of cookie.
Article 9.2. INTERNET TAGS
https://unbattementdaile.fr/ may occasionally use Internet tags (also known as "tags", or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner who may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of it.
This technology allows https://unbattementdaile.fr/ to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User's use of this Site.
The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site's activity for https://unbattementdaile.fr/, and provide other services relating to its use and the Internet.
10. Applicable law and jurisdiction.
Any dispute related to the use of the website https://unbattementdaile.fr/ is subject to French law.
Except where the law does not permit, exclusive jurisdiction is given to the competent courts of Villefranche sur Saône