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Legal notices

Definitions

Client: any professional or natural person capable within the meaning of articles 1123 and following of the civil code, or legal person, who visits the site subject of these general conditions.

Benefits and services: https://www.phocealys.com makes available to customers:

 

Content: all constituent elements the information presented on the site, including texts – images – videos.

 

Customer information: hereinafter referred to as "information (s)" that correspond to all personal data that may be held by https://www.phocealys.com for the management of your account, the management of the customer relationship and for the purposes analysis and statistics.

User: surfer connecting, using the aforementioned site.

Personal information: "information which allows, in any form whatsoever, directly or not, the identification of the natural persons to whom they apply" (article 4 of law No. 78-17 of 6 January 1978).

The terms "personal data", "person concerned", "subcontractor" and "sensitive data" have the meaning defined by the General data protection regulations (RGPD: No. 2016-679)

1. Presentation of the website.

According to article 6 of law No. 2004-575 of 21 June 2004 for confidence in the digital economy, it is specified to the users of the website https://www.phocealys.com the identity of the various stakeholders in the context of its realization and its regular:

Owner: SARL Phocealys social capital of €7000 VAT number: FR22 810438366 – 415, rue Claude Nicolas LeDoux 13290 Aix en Provence

Publication Manager: Olivier Postaire – contact@phocealys.com

The publication Manager is a natural person or a legal person.

Webmaster: e-partner – ebarreyre@agence-web-aix-en-provence.fr

Host: e-partner – Henri Poincaré building-Domaine du Petit Arbois Avenue Louis Philibert 13100 Aix en Provence 04 86 87 03 09

Data protection officer: e-partner – ebarreyre@agence-web-aix-en-provence.fr

 

These legal notices RGPD are from the free generator of legal mentions for a website

 

2. Terms and conditions of use of the site and the services offered.

The site constitutes a work of the spirit protected by the provisions of the code of intellectual property and applicable international regulations. The customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the site.

The use of the site https://www.phocealys.com implies the full acceptance of the general terms and conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the https://www.phocealys.com website are invited to consult them on a regular basis.

This website is normally accessible to users at any time. However, an interruption due to technical maintenance may be decided by https://www.phocealys.com, which will then endeavour to communicate the dates and times of the intervention beforehand to the users. The website https://www.phocealys.com is regularly updated by https://www.phocealys.com responsible. In the same way, the legal notices can be changed at any time: they are nevertheless necessary for the user who is invited to refer to them as often as possible in order to read them.

3. Description of the services provided.

The purpose of the website https://www.phocealys.com is to provide information about all the activities of the company. https://www.phocealys.com strives to provide information on the site https://www.phocealys.com as accurate as possible. However, he shall not be liable for any omissions, inaccuracies or deficiencies in the update, whether by his or her fact or by the third party partners who provide such information.

All the information indicated on the site https://www.phocealys.com is given for illustrative purposes, and are likely to evolve. Furthermore, the information appearing on the https://www.phocealys.com website is not exhaustive. They are subject to changes that have been made since the Web site is online .

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website will not be liable for any property damage related to the use of the site. In addition, the user of the site undertakes to access the site using a recent material, not containing viruses and with a latest generation browser updated the site https://www.phocealys.com is hosted by a provider in the territory of the European Union in accordance with the provisions of the General data protection Regulation (RGPD: No. 2016-679)

The goal is to provide a benefit that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, all days of the year. It nevertheless reserves the possibility of interrupting the accommodation service for the shortest possible periods, in particular for maintenance, improvement of its infrastructures, failure of its infrastructures or if the services and Services generate deemed abnormal traffic.

https://www.phocealys.com and the host will not be liable for any malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to the congestion of the network preventing access to Server.

5. Intellectual property and counterfeit goods.

https://www.phocealys.com owns the intellectual property rights and owns the rights of use on all the 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, whatever the means or the process used, is forbidden, unless prior written permission of: https://www.phocealys.com.

Any unauthorized exploitation of the site or any of the elements contained therein shall be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L. 335-2 et seq. of the intellectual property code.

6. Limitations of liability.

https://www.phocealys.com acts as the site's Editor. https://www.phocealys.com is responsible for the quality and truthfulness of the content it publishes.

https://www.phocealys.com shall not be liable for direct and indirect damage caused to the user's material, when accessing the https://www.phocealys.com website, and resulting from the use of material not satisfying the the specifications given in point 4, or the occurrence of a bug or incompatibility.

https://www.phocealys.com shall not be liable for consequential damages (such as loss of market or loss of opportunity) resulting from the use of the https://www.phocealys.com website. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.phocealys.com reserves the right to delete, without prior notice, any content deposited in this space which contravened the legislation applicable in France, in particular the provisions relating to data protection. Where appropriate, https://www.phocealys.com also reserves the possibility of questioning the user's civil and/or criminal liability, in particular in the case of a racist, abusive, defamatory, or pornographic message, irrespective of the used (text, photography...).hey were put online.

7. Personal data management.

The client is informed of the regulations concerning marketing communication, the law of 21 June 2014 for the confidence in the digital economy, the law on information and freedom of 06 August 2004 as well as of the General regulations on data protection (RGPD: n ° 2016-679).

-         7.1 Responsible for the collection of personal data

For personal data collected in connection with the creation of the user's personal account and its navigation on the site, the person responsible for the processing of personal data is: Phocealys. https://www.phocealys.comest represented by Olivier Postaire, his legal representative

As the data controller he collects, https://www.phocealys.com undertakes to comply with the legal provisions in force. In particular, it is the client's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and maintain a record of treatment in accordance with the reality. Whenever https://www.phocealys.com deals with personal data, https://www.phocealys.com takes all reasonable steps to ensure the accuracy and suitability of personal data in relation to the purposes for which https://www.phocealys.com treats them.

-         7.2 Purpose of the data collected

https://www.phocealys.com is likely to process all or part of the data:

-to allow navigation on the site and the management and traceability of services and service ordered by the user: data of connection and use of the site, invoicing, history of orders, etc. 

-to prevent and combat computer fraud (spamming, hacking...): computer hardware used for browsing, IP address, password (hashé) 

-to improve site navigation: login and usage data 

-to conduct optional satisfaction surveys on https://www.phocealys.com: email address

-to carry out communication campaigns (SMS, mail): telephone number, email address

https://www.phocealys.com does not market your personal data which is therefore only used by necessity or for statistical purposes and analysis.

-         7.3 Right of access, rectification and opposition

In accordance with the current European regulations, users of https://www.phocealys.com have the following rights:

-right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of data of users right to lock or erase data of personal users (article 17 of the RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited 

-right to withdraw consent at any time (article 13-2c RGPD) 

-right to limit the processing of users ' data (article 18 RGPD) 

-right to oppose the processing of users ' data (article 21 RGPD) 

-right to the portability of data that users have provided, where such data are subject to automated processing based on their consent or on a contract (article 20 RGPD) 

-right to define the fate of the data of users after their death and to choose who https://www.phocealys.com will have to communicate (or not) his data to a third party whom they have previously designated 

As soon as https://www.phocealys.com is aware of the death of a user and in the absence of instructions on his part, https://www.phocealys.com undertakes to destroy his data, unless their preservation is necessary for probationary purposes or to respond to a legal obligation.

If the user wants to know how https://www.phocealys.com uses his personal data, ask to rectify them or oppose their processing, the user can contact https://www.phocealys.com in writing to the following address:

Phocealys – DPO, e-partenaire

415, rue Claude Nicolas LeDoux 13290 Aix en Provence. 

In this case, the user must indicate the personal data that he would like https://www.phocealys.com to correct, update or delete, identifying 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://www.phocealys.com by law, in particular as regards the preservation or archiving of documents. Finally, users of https://www.phocealys.com may file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

-         7.4 non-disclosure of personal data

https://www.phocealys.com is prohibited from processing, hosting or transferring the information collected on its customers to a country outside the European Union or recognised as "not adequate" by the European Commission without first informing the client. However, https://www.phocealys.com remains free from the choice of its technical and commercial subcontractors provided that it presents sufficient guarantees in the light of the requirements of the General data protection Regulation (RGPD: No. 2016-679) .

https://www.phocealys.com 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 impacting the integrity or confidentiality of the client's information is brought to the knowledge of https://www.phocealys.com, the customer shall promptly inform the client and communicate the measures of corrections taken. Furthermore https://www.phocealys.com does not collect any "sensitive data".

The user's personal data may be processed by subsidiaries of https://www.phocealys.com and subcontractors (service providers), exclusively to fulfil the purposes of this policy.

Within the limits of their respective functions and for the purposes recalled above, the main persons likely to have access to the data of the users of https://www.phocealys.com are mainly the agents of our customer service .

8. Incident notification

Regardless of the effort provided, no method of transmission over the Internet and no method of electronic storage is completely safe. We cannot therefore guarantee absolute security. If we knew of a breach of security, we would warn the users concerned so that they could take the appropriate measures. Our incident notification procedures take into account our legal obligations, whether they are at national or European level. We are committed to fully inform our customers of all issues pertaining to their account security and to provide them with all the information they need to help them meet their own reporting requirements.

No personal information of the user of the site https://www.phocealys.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the redemption of https://www.phocealys.com and its rights would allow the transmission of the said information to the prospective acquirer who would in turn be obliged to the same obligation to preserve and modify the data vis-à-vis the user of the site https://www.phocealys.com.

Safety

To ensure the security and confidentiality of personal data and personal health data, https://www.phocealys.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and Word password.

When processing personal data, https://www.phocealys.comprend all reasonable measures to protect against loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links "cookies" and tags ("tags") Internet

The site https://www.phocealys.com contains a number of hypertext links to other sites, set up with the permission of https://www.phocealys.com. However, https://www.phocealys.com does not have the option of verifying the content of the sites visited, and therefore assumes no responsibility for this fact.

Unless you decide to disable cookies, you agree that the site may use them. You may deactivate these cookies at any time free of charge from the opt-out options offered and recalled below, knowing that this may reduce or prevent accessibility 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 registered within the user's Terminal (e.g. computer, Smartphone), (hereafter "cookies"). This file includes information such as the user's domain name, the user's Internet access provider, the user's operating system, and the date and time of access. In no event may cookies damage the user's Terminal.

https://www.phocealys.com is liable to process the user's information regarding his visit to the site, such as the pages consulted, the searches carried out. This information allows https://www.phocealys.com to improve the content of the site, the user's browsing.

The cookies facilitating the navigation and/or the provision of the services offered by the site, the user can configure his browser to enable him to decide whether he wants to accept them so that cookies are stored in the the terminal or, on the contrary, whether they are rejected, either systematically or according to their issuer. The user can also configure his navigation software in such a way that the acceptance or refusal of the cookies is offered to him punctually, before a cookie is likely to be registered in his Terminal. https://www.phocealys.com informs the user that, in this case, the functionalities of his navigation software may not be available.

If the user refuses to register cookies in their Terminal or browser, or if the user deletes those registered, the user is informed that his browsing and experience on the site may be limited. This could also be the case when https://www.phocealys.com or one of its providers cannot recognise, 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://www.phocealys.com declines all responsibility for the consequences related to the degraded operation of the site and the services optionally offered by https://www.phocealys.com, resulting (I) from the refusal of cookies by the user (ii) the impossibility for https://www.phocealys.com to register or to consult the cookies necessary for their operation because of the choice of the user. For the management of cookies and user choices, the configuration of each browser is different. It is described in the Help menu of the browser, which will allow to know how the user can change his wishes in terms of cookies.

At any time, the user may choose to express and modify his or her wishes in relation to cookies. https://www.phocealys.com will also be able to use external service providers to help them 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 website of https://www.phocealys.com or in its mobile application and if the user has accepted the deposit of cookies by continuing its navigation on the website or mobile application of https://www.phocealys.com, Twitter, Facebook, LinkedIn and Google plus can also file cookies on your terminals (computer, Tablet, mobile phone).

These types of cookies are only deposited on your terminals provided that you consent to them, by continuing your browsing on the website or the mobile application of https://www.phocealys.com. At any time, the user may nevertheless reconsider his or her consent to the https://www.phocealys.com depositing such cookies.

-          9.2. Internet beacons ("TAGS")

https://www.phocealys.com can occasionally use Internet beacons (also called "tags", or action tags, one-pixel GIF, transparent GIF, invisible GIF and one-to-one GIF) and deploy them through a specialist partner Web analytics that may be found (and therefore store the corresponding information, including the user's IP address) in a foreign country.

These tags are placed in both online advertisements allowing Internet users to access the site, and on the different pages of it. 

This technology allows https://www.phocealys.com to evaluate the responses of visitors to the site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this site by the user.

The external provider may collect information about visitors to the site and other websites through these tags, report on the activity of the site to the attention of https://www.phocealys.com, and provide other services related to the use of it and the Internet.

10. Applicable law and attribution of jurisdiction.

Any dispute in connection with the use of the site https://www.phocealys.com is subject to French law. Apart from cases where the law does not allow it, it is made exclusive jurisdiction to the competent courts of Aix en Provence

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Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.