LEGAL MEANING & RGPD
Definitions
Customer: any professional or natural person capable within the meaning of articles 1123 et seq. of the French Civil Code, or legal person, who visits the website subject to these general conditions.
Services: / makes available to customers:
Content: All elements that make up the information on the Website, in particular text – images – videos.
Customer Information: Hereinafter referred to as “Information(s)” which corresponds to all personal data that may be held by/for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user who connects to and uses the aforementioned website.
Personal data: “Information which, in any form, directly or indirectly, allows the identification of the natural persons to whom it relates” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined in the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the website.
In accordance with Article 6 of Law No. 2004-575 of June 21, 2004 on trust in the digital economy, users of the website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: AWSEO Capital social de 5000€ – 9 Chemin du gros chênes Auvergne-Rhône-Alpes France 01210 Lyon
Publication manager: AWSEO – contactwebstore@proton.me
Publication manager is a natural or legal person.
Webmaster: AWSEO – contactwebstore@proton.me
Host: Shopify – 151 O’Connor Street Ground Floor K2P 2L8 Ottawa 613 241-2828
Data Protection Officer: AWSEO – contactwebstore@proton.me
2. General conditions of use of the website and the services offered.
The website constitutes an intellectual work protected by the provisions of the French law on intellectual property rights and applicable international regulations. The customer may not reuse, transfer or exploit for his own account in any way all or part of the elements or works on the website.
Use of the Website implies full acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, and users of the / Website are therefore advised to consult them regularly.
This website is normally available to users at all times. / may, however, decide to interrupt the website for technical maintenance. / will endeavour to inform users of the dates and times of such interruptions in advance. The website / is regularly updated by /. 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 to read them.
3. Description of services provided.
The purpose of the / website is to provide information about all the activities of the company. / strives to provide information on the / website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or failures to update information, whether these are its fault or the fault of third-party partners who provide it with this information.
All information provided on the website is for informational purposes only and is subject to change. Furthermore, the information on the website is not exhaustive. It is provided subject to changes having been made since it was posted online.
4. Contractual restrictions on technical data.
The website uses JavaScript technology. The website cannot be held liable for any material damage in connection with the use of the website. In addition,
the user of the website undertakes to access the website with new, virus-free equipment and with an updated browser of the latest generation. The website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: No. 2016-679).
The aim is to provide a service that ensures the highest possible availability. The host ensures the continuity of its service 24 hours a day, every day of the year. However, the host reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure or if the services generate traffic that is considered abnormal.
/ and the host cannot be held responsible in the event of malfunctions in the Internet network, telephone lines or computer and telephony equipment, in particular due to network overload that prevents access to the server.
5. Intellectual property rights and counterfeiting
/ is the owner of the intellectual property rights and holds the right of use of all elements available on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, production, modification, publication, adaptation of all or part of the content of the website, regardless of the means or process used, is prohibited without the prior written permission of: /.
Any unauthorized use of the website or of any of the elements it contains is considered infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitations of Liability
/ acts as the publisher of the website / is responsible for the quality and accuracy of the content published.
/ cannot be held liable for any direct or indirect damage caused by the user’s equipment when accessing the / website, and which either derives from the use of equipment that does not meet the specifications indicated in paragraph 4, or from the appearance of an error or incompatibility.
/ cannot be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the / website. Interactive areas (possibility to ask questions in the contact area) are available to users. / reserves the right to remove, without prior notice, any content published in this area that is contrary to the legislation applicable in France, in particular the provisions relating to data protection. Where appropriate, / also reserves the right to hold the user liable under civil and/or criminal law, in particular in the event of messages of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).
7. Processing of personal data.
The customer is informed of the provisions on marketing communications, the law of June 21, 2014 on trust in the digital economy, the data protection law of August 6, 2004 and the General Data Protection Regulation (RGPD: No. 2016-679).
7.1 Persons responsible for the collection of personal data
For the personal data collected as part of the creation of the user’s personal account and browsing the website, the person responsible for the processing of the personal data is: AWSEO. / represented by AWSEO, its legal representative
As the controller of the data collected, / undertakes to comply with the applicable legal provisions. In particular,
it is the customer’s
responsibility to determine the purpose of its data processing, to provide its prospects and customers, from the time their consent is collected, with full information about the processing of their personal data and to maintain a record of processing in accordance with reality. When / processes personal data, / takes all reasonable steps to ensure the accuracy and relevance of the personal data with regard to the purposes for which / processes them.
7.2 Purpose of the data collected
/ likely to process all or part of the data:
to enable browsing the Website and management and traceability of services ordered by the user: Website connection and usage data, billing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hash) to
improve browsing on the Website: connection and usage data to
carry out optional satisfaction surveys on /: email address to
carry out communication campaigns (sms, email): telephone number, email address
/ does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and objection In accordance with
current European regulations, users of / have the following rights:
right to access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of users’ data right to block or erase users’ personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, out of date 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 users’ data (Article 18 GDPR) right to
object to the processing of users’ data (Article 21 GDPR)
right to portability of data provided by users, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
right to define the fate of users’ data after their death and to choose to whom / will communicate (or not) their data to a third party previously designated by them
As soon as / becomes aware of the death of a user and in the absence of instructions from them, / undertakes to destroy their data, unless its preservation proves necessary for evidentiary purposes or to comply with a legal obligation.
If the User wants to know how / uses their Personal Data, request correction of them or object to their processing, the User can contact / in writing at the following address:
AWSEO – DPO, AWSEO
9 Chemin du gros chênes Auvergne-Rhône-Alpes France 01210 Lyon.
In this case, the user must indicate the personal data that he/she wishes to be corrected, updated or deleted, and identify himself/herself precisely with a copy of an identity document (identity card or passport).
The request for the deletion of personal data will be subject to the obligations imposed on / by law, in particular regarding the storage or archiving of documents. Finally, users of / may file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Prohibition of disclosure of personal data
/ undertakes not to process, host or transfer the information collected about its customers to a country outside the European Union or recognized as “inadequate” by the European Commission without informing the customer in advance. / is however free to choose its technical and commercial subcontractors provided that they offer adequate guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: No. 2016-679).
/ undertakes to take all necessary precautions to maintain the security of the information and in particular to ensure that it is not communicated to unauthorized persons. If an incident affecting the integrity or confidentiality of the customer’s information is brought to the attention of /, the latter must inform the customer as soon as possible and inform the customer of the corrective measures taken. In addition, / does not collect any “sensitive data”.
The user’s personal data may be processed by / subsidiaries and subcontractors (service providers), exclusively to achieve the purpose of this policy.
Within the limits of their respective responsibilities and for the purposes set out above, the key individuals likely to have access to/s user’s data are our customer service agents.
8. Incident Reporting Despite our best
efforts, no method of transmission over the Internet or method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, both at national and European level. We are committed to keeping our customers fully informed of all matters relating to the security of their account and to providing them with all information necessary to help them comply with their own legal reporting obligations.
No personal information about the user of the website / is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the repurchase of / and its rights would allow the transfer of the aforementioned information to the possible buyer who in turn would be held by the same obligation to preserve and modify the data with respect to the user of the website /.
Security
To ensure the security and confidentiality of personal data and personal health information, / uses networks that are protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing personal data, / takes all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The / website contains a number of hypertext links to other websites, which have been established with the permission of /. /, however, is not in a position to control the content of websites visited in this way and consequently assumes no responsibility in this regard.
If you do not choose to disable cookies, you accept that the website may use them. You can disable these cookies at any time, free of charge, using the deactivation options offered to you and described below, given that this may reduce or prevent access to all or part of the services offered by the website
.
9.1. COOKIES
A “cookie” is a small information file that is sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone) (hereinafter referred to as “cookies”). This file contains information such as the User’s domain name, the User’s Internet Service Provider, the User’s operating system and the date and time of access. Cookies cannot harm the User’s terminal in any way.
/ will likely process information about the user’s visit to the website, such as which pages are visited and which searches are made. This information allows / to improve the content of the website and the user’s browsing experience.
Since cookies facilitate browsing and/or the provision of services offered by the website, the user can configure their browser so that they can decide whether or not they want to accept them, so that cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or depending on the sender. The user can also configure their browser software so that they are offered the possibility of accepting or refusing cookies from time to time, before a cookie is likely to be registered on their terminal. / informs the user that in this case not all the functions of their browser software may be available.
If the user refuses the storage of cookies in his terminal or browser, or if the user deletes those stored there, the user is informed that his/her browsing and experience on the website may be limited. This may also be the case when/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, / declines all responsibility for the consequences linked to the impaired operation of the website and all the services offered by /, resulting from (i) the user’s refusal of cookies (ii) the impossibility for / to save or consult the cookies necessary for their operation due to the user’s choice. For the management of cookies and the user’s choice, the configuration of each browser is different. This is described in the browser’s help menu, which will indicate how the user can change their preferences with regard to cookies.
The user may choose to express and change their preferences regarding cookies at any time. / may also use external service providers to collect and process the information described in this section.
Finally, by clicking on the icons of the social networks Twitter, Facebook, Linkedin and Google Plus that appear on the / website or in its mobile application and if the user has accepted the storage of cookies by continuing to browse the / website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also store cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you consent to them by continuing to browse the / Website or mobile application. The user may withdraw their consent to / the placement of this type of cookie at any time.
Article 9.2. INTERNET BEACONS (“TAGS”)
/ may sometimes use Internet beacons (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and distribute them through a partner specializing in web analytics that may be located (and therefore store the corresponding information, including the user’s IP address) in a foreign country.
These beacons are placed both in the online advertisements that enable Internet users to access the website and on the various pages of the website.
This technology makes it possible to evaluate visitors’ responses to the website and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the user’s use of this website.
The external service provider may collect information about visitors to the website and other websites using these tags, compile reports on website activity for/and provide other services related to the use of the website and the Internet.
10. Applicable law and jurisdiction.
All disputes relating to the use of / the website are subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Lyon.