Terms and Conditions of Use
- Legal notice
- Field of application
- Acceptance of Terms and Conditions
- Website access
- Website content - Intellectual property rights
- Website management
- Responsibility
- Hypertext links
- Collection and protection of personal data
- Purposes for which personal data is used and legal basis for processing
- Right of access, rectification and removal of the User's personal data
- Personal data retention policy
- Sharing personal data with third parties
- Sécurity
- Cookies
- Appliable law
Legal notice
Field of application
These General Terms and Conditions of Use (hereinafter referred to as the "GTCU") govern the use of the Site by any user who is a natural person, has full legal capacity and is connected to the Internet (hereinafter referred to as the "User").
These Terms of Use define the terms and conditions under which the User may access and browse the Site.
Acceptance of Terms and Conditions
Acceptance of these GCU is evidenced by a checkbox on the registration form stating "I acknowledge that I have read and accept the terms and conditions of use fully and without reservation".
This acceptance can only be full and entire. Any conditional acceptance is considered null and void. Users who do not agree to be bound by the present Terms and Conditions must not access the Site.
Continued browsing of this website implies unreserved acceptance of the following provisions and general conditions of use.
The version of these terms and conditions currently on line is the only version that may be invoked during the entire period of use of the Site and until a new version replaces it.
The Publisher therefore invites the User to read the GCU each time he or she uses the Site.
Website access
The User undertakes not to use this Site and the information contained therein for commercial, political or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
Website content - Intellectual property rights
All elements present on the Website, in particular computer programs and applications, texts, photographs, images (animated or not), illustrations, videos, sounds, trademarks, logos, domain names (hereinafter the "Elements") are the exclusive property of the Publisher or its partners, to the exclusion of content published by Users or partners.
All Website Elements that may be used to operate this Website, and more generally all elements reproduced or used on the Site, are protected by current intellectual property laws.
Consequently, any reproduction, modification or distribution in any way whatsoever of the Website or of any of its constituent elements is strictly forbidden without the express prior consent of the Publisher.
Their disclosure may under no circumstances be interpreted as granting any license or right to use said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement.
The Website may contain Elements belonging to the Publisher's partners. All these elements are the property of the partner and may under no circumstances be used without their prior authorization.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Elements, including computer applications, without the prior written consent of the Publisher, is strictly forbidden.
The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution.
Photographs of products, accompanying their description, are not contractual and do not bind the Publisher.
Website management
For the proper management of the Website, the Publisher may at any time:
- suspend, interrupt or limit access to all or part of the Site, restrict access to the Website, or to certain parts of the Site, to a specific category of Internet users
- remove any information that could disrupt its operation or contravene national or international laws
- suspend the Website in order to carry out updates
Responsibility
The Editor undertakes to ensure that the Website functions correctly. However, the Editor cannot be held liable for any inconvenience or damage inherent in the use of the Internet or access to the Website, in particular a break in service, failure, breakdown, difficulty or interruption in operation, external intrusion or the presence of computer viruses.
The User is entirely responsible for the equipment used to connect to the Website. The User must take all appropriate measures to protect his or her own equipment and data, in particular against viral attacks via the Internet.
The User is also solely responsible for the websites and data he/she consults.
If, when consulting the Website, the User accesses personal data, he/she must refrain from any collection, any unauthorized use and any act that may constitute an infringement of the privacy or reputation of individuals. The Publisher declines all responsibility in this matter.
The Publisher may not be held liable in the event of legal proceedings against the User :
- as a result of use of the Site or any service accessible via the Internet
- as a result of the User's failure to comply with the GCU
The Publisher is not liable for any damage caused to the User, third parties and/or their equipment as a result of connection to or use of the Website.
The User waives all claims against the Publisher in this respect.
Should the Publisher be the subject of amicable or legal proceedings as a result of the User's use of the Site, the Publisher may take action against the User to obtain compensation for all damages, sums, sentences and costs that may arise from such proceedings.
Hypertext links
The creation by Users of hypertext links to all or part of the Website is strictly forbidden without the prior written authorization of the Publisher.
The Publisher is free to refuse such authorization without having to justify its decision in any way whatsoever. Should the Publisher grant its authorization, it is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the Publisher to justify its decision.
Any information accessible via a link to other sites is not published by the Publisher. The Publisher has no rights whatsoever over the content of such links.
Collection and protection of personal data
The Publisher processes the User's personal data. The Publisher, as the data controller, has established a policy covering all processing of the User's personal data, the purposes for which it is used, and the means of action available to individuals to enable them to exercise their rights as fully as possible.
These GTUs are drawn up in accordance with the legal provisions relating to Law no. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms, as amended ("Loi Informatique et Libertés") and the European General Data Protection Regulation (RGPD) 2016/679 of April 27, 2016.
Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number or one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
Users of the Website may be asked to provide certain personal data in order to respond to their requests for information. This data is processed by the Publisher acting as data controller.
The personal data collected is as follows :
- first and last name
- address
- e-mail address
- telephone number
- date of birth
- financial data: when paying for products and services offered on the Publisher's Site, the Publisher records financial data relating to the User's credit card.
Purposes for which personal data is used and legal basis for processing
All personal data collected will be used only for the purposes described below and will have as legal bases those defined below:
More specifically, the uses are as follows:
- access and use of the Website by the User;
- management and optimization of the Site;
- implementation of User assistance;
- verification, identification and authentication of data transmitted by the User;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with Users.
The legal basis for this processing is the Publisher's obligation to comply with legal provisions and its legitimate interest in providing a secure, high-quality service to the User.
The legal basis for such processing is the User's consent obtained by ticking the box provided for this purpose on the Website, the performance of the contract or pre-contractual measures between the User and the Website, and compliance with legal provisions.
The legal basis for such processing is the User's consent, obtained by ticking the appropriate box on the Website, and the performance of a contract or pre-contractual measures.
The legal basis for such processing is the User's consent, obtained by ticking the appropriate box on the site.
The legal basis for such processing is the User's consent, obtained by ticking the appropriate box on the site.
Right of access, rectification and removal of the User's personal data
In accordance with the regulations applicable to personal data, Users have the following rights:
- right of access: Users may exercise their right of access to their personal data by writing to the e-mail address given below. In this case, before exercising this right, the company may request proof of the User's identity in order to verify its accuracy
- the right of rectification: if the personal data held by the data controller are inaccurate, they can request that the information be updated
- the right of deletion of data: Users may request the deletion of their personal data, in accordance with applicable laws on the protection of personal data
- the right to restrict processing: Users may request the Publisher to restrict the processing of personal data in accordance with the assumptions set out in the RGPD
- the right to object to the processing of personal data: Users may object to their personal data being processed in accordance with the assumptions set out in the RGPD
- the right to portability: Users may request that the Publisher provide them with the personal data they have supplied, so that it can be passed on to a third party
The User may exercise his rights by contacting the Publisher at the following address:
MALTEP SAS
3 rue de l'artisanat
68420 Herrlisheim-pres-Colmar
France
Or by email, at the following address
dc@maltep.com
The User may also contact the Publisher's Data Protection Officer with any questions relating to the protection of personal data at rgpd@novarc.com.
A reply will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests so require.
In addition, and since the law n°2016-1321 of October 7, 2016, Users, have the possibility to organize the fate of their personal data after their death. For more information on the subject, Users can consult the CNIL website: https://www.cnil.fr/.
Users may also lodge a complaint with the CNIL on the CNIL website: https://www.cnil.fr.
Personal data retention policy
Personal data is kept and used for a period of time in accordance with current legislation, to the extent reasonably necessary or required to meet legal or regulatory obligations, settle disputes, prevent fraud and abuse, or apply the Publisher's GTU and GTC.
Any personal data Users may communicate online with a view to recruitment is used exclusively for the purpose of managing applications and recruitment. It is kept for a maximum of 2 years.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the User uses payment services, the company works with third-party banking and financial companies with which it has signed contracts in order to implement these services.
- when the User authorizes a third-party website to access his/her data
- when the Publisher uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the User's data in the course of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data
- if required by law, the company may transmit data in order to pursue claims against the Publisher and to comply with administrative and legal proceedings
Where the Publisher needs to use personal data subcontractors to carry out one or more processing operations, it will ensure that these service providers provide the necessary guarantees for the security, confidentiality and integrity of the User's personal data. In any case, the Publisher will never transfer the User's personal data to a subcontractor located outside the European Union or not subject to an agreement or an adequacy decision authorizing the transfer of personal data on its territory.
Sécurity
The Publisher implements technical and organizational measures to protect the User's data. It requires its staff and all third parties working on its behalf to comply with strict security and information protection standards.
In the event of a breach of personal data concerning the User, the Publisher undertakes to :
- notify the CNIL of the violation as soon as possible and, if possible, no later than 72 hours after becoming aware of it, unless the violation in question is unlikely to give rise to a risk to rights and freedoms
- notify the data subject of the breach as soon as possible if the breach is likely to give rise to a high risk to the data subject's rights and freedoms, unless such notification is unnecessary (in particular if the Publisher has taken measures to render the personal data incomprehensible or to eliminate any risk to said rights and freedoms)
Cookies
A "Cookie" or tracer is an electronic file deposited on a terminal (computer, tablet, smartphone, etc.) and read, for example, when consulting a website, reading an e-mail, installing or using software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-et-autres-traceurs).
When browsing this Website, "cookies" issued by the Publisher and/or partner companies may be deposited on your terminal.
When browsing this Website for the first time, a banner explaining the use of cookies will appear.
Users must give their free, informed, specific and unambiguous consent to the use of each type of cookie appearing on the Site, as described below, by ticking the appropriate box.
The consent given will be valid for a period of thirteen (13) months. In any event, the User may not oppose the use of operating cookies, which are necessary for browsing the Site.
The User may deactivate cookies by selecting the appropriate settings on his or her browser.
The following cookies are used on this Site:
Functional cookies are used to ensure the Site's basic functionality during a browsing session:
They are configured to store, for example :
- the user's privacy preferences
- user authentication on a site
- data entered on a contact or order form
- products placed in the shopping cart of an e-commerce site
Analysis cookies enable us to evaluate traffic on the Website and develop resources to improve its performance.
They make it possible to analyze, for example:
- the most popular pages on the site
- the time spent on each page
- the order in which pages are visited (customer path)
Analysis cookies are as follows:
- Google analytics: used to measure the Site's audience;
- Google tag manager: facilitates the implementation of tags on pages and enables the management of Google tags.
Advertising cookies are placed on a website by a third-party partner.
They are used, for example, to analyze the behavior of an Internet user on various web pages (shopping baskets, sites visited, etc.) with the aim of offering him targeted advertising on the sites he subsequently visits, particularly in the form of banners.
Advertising cookies are as follows: (To be determined)
Google Adsense: a Google advertising network that uses websites or YouTube videos as a medium for its ads;
- Google Dynamic Remarketing: enables us to offer you dynamic advertising based on previous searches;
- Google Adwords Conversion: Adwords campaign tracking tool;
- DoubleClick: Google advertising cookies to display banners.
The Website may contain links to or from partner sites and other third-party sites. These sites have their own privacy policies and the responsibility of the Editor ends when the User leaves the Site.
The Website may include a third-party computer application in some of its functionalities, enabling the sharing of content by the Website's Users, such as Facebook's "Share" or "Like" buttons, or the "Twitter", "LinkedIn", etc. buttons.
The social network providing one of these applications is likely to identify the User thanks to its buttons and its own cookies, even if the User has not used them when consulting the Website, simply because the User has an account opened on his/her terminal with the social network concerned. The Publisher has no control over the process used by social networks to collect this information, and invites the User to consult their privacy policies.
Applicable law
The present General Terms and Conditions of Use of the Website are governed by French law and are subject to the jurisdiction of the courts within the jurisdiction of the Publisher's registered office, subject to any specific attribution of jurisdiction resulting from a particular legal or regulatory text.
