Mentions légales

Definitions

Client: any professional or capable natural person within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the site which is the subject of these general conditions. Services: provides the Clients with: Content: All the elements constituting the information present on the Site, in particular texts - 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, the management of customer relations and for analysis and statistical purposes. User: Internet user connecting to and using the above-mentioned site Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of 6 January 1978). The terms "personal data", "data subject", "sub-processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (RGPD: n° 2016-679)

1. Presentation of the website.

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website are informed of the identity of the various parties involved in its creation and monitoring: Owner: – Publication manager:  – The person responsible for publication is a natural person or a legal entity. Webmaster : – Developer: Welko – 2, rue Joseph Fourier 49070 Beaucouzé - contact@welko.fr - 0241487578
Host: INFOMANIAK NETWORK SA – Rue Eugène-Marziano 25, 1227 Les Acacias / Genève SUISSE +41228203544
Data Protection Officer:  –

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 Customer 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 implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, and users of the  website are therefore invited to consult them regularly. This website is normally accessible to users at all times. However, , may decide to interrupt the website for technical maintenance purposes. In such a case will endeavour to inform users of the dates and times of the intervention in advance. The website is regularly updated by responsable. 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 take note of them.

3. Description of the services provided.

The purpose of the website is to provide information about all of the company's activities. endeavours to provide information on the website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether these are its fault or the fault of third-party partners who provide this information. All information on the website is given for information purposes only and is subject to change. Furthermore, the information on the website is not exhaustive. It is given subject to modifications having been made since it was put on line.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held responsible for any material damage linked to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and with a last-generation updated browser. The website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679). The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures or if the Services generate traffic deemed to be abnormal. and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly in the event of network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

is the owner of the intellectual property rights and holds 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 process used, is prohibited, except with the prior written authorisation of: . Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability.

acts as the publisher of the website.   is responsible for the quality and veracity of the content it publishes.. cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing the website , 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 an incompatibility. cannot be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the  . Interactive areas (possibility of asking questions in the contact area) are available to users. reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable,  also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).

7. Management of personal data.

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected in the context of the creation of the User's personal account and browsing on the Site, the person responsible for processing the Personal Data is : . is represented by its legal representative. As the party responsible for processing the data it collects, 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 clients, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of the processing in accordance with the reality. Whenever processes Personal Data, takes all reasonable steps to ensure the accuracy and relevance of the Personal Data to the purposes for which processes it.

7.2 Purpose of the data collected

is likely to process all or part of the data:

• • to enable browsing on the Site and the management and traceability of the services ordered by the user: connection data and use of the Site, billing, order history, etc.
• • to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
• • to improve navigation on the Site: connection and usage data
• • to conduct optional satisfaction surveys on : email address
• • to conduct communication campaigns (sms, email): telephone number, email address

does not sell your personal data, which is therefore only used for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, the users of de have the following rights:

• • the right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users' data right of blocking or deletion of Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
• • the right to withdraw consent at any time (Article 13-2c GDPR)
• • the right to limit the processing of Users' data (Article 18 GDPR)
• • the right to object to the processing of Users' data (Article 21 GDPR)
• • the right to portability of data provided by Users, where such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• • the right to define the fate of Users' data after their death and to choose to whom shall communicate (or not) their data to a third party that they have previously designated

As soon as becomes aware of the death of a User and in the absence of instructions from him/her, undertakes to destroy his/her data, except if its conservation is necessary for evidential purposes or to meet a legal obligation. If the User wishes to know how uses his or her Personal Data, to ask to rectify them or to oppose their processing, the User may contact in writing at the following address – DPO,
.
In this case, the User must indicate the Personal Data that he/she would like  to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport). Requests for the deletion of Personal Data will be subject to the obligations imposed on  by law, in particular with regard to the conservation or archiving of documents. Finally, Users of may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

shall not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as "non-adequate" by the European Commission without informing the client in advance. However, 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: n° 2016-679). undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, 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 communicate the corrective measures taken. Furthermore, does not collect any "sensitive data". The User's Personal Data may be processed by subsidiaries of  and subcontractors (service providers), exclusively in order to achieve the purposes of this policy. Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of  are mainly the agents of our customer service.

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations. No personal information of 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 transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site .

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords. When processing Personal Data,  takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hypertext links, cookies, internet tags and Matomo

The website contains a number of hyperlinks to other websites, set up with the permission of . However, does not have the possibility of checking the content of the sites thus visited, and consequently will not assume any responsibility in this respect. Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time and free of charge using the deactivation options offered to you and recalled 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 within 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 and the date and time of access. Cookies are in no way likely to damage the User's terminal. is likely to process the user's information concerning his/her visit to the Site, such as the pages consulted and the searches carried out. This information enables  to improve the content of the Site and the User's browsing experience. Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his or her browser to allow him or her to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his or her browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his or her terminal. informs the User that, in this case, it is possible that not all of the functionalities of his or her browser software may be available. If the User refuses the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the site may be limited. This could also be the case when  or one of its service 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, declines all responsibility for the consequences linked to the degraded functioning of the Site and any services offered by , resulting from (i) the refusal of Cookies by the User (ii) the impossibility for  to record or consult the Cookies necessary for their functioning due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will show how the User can modify his/her wishes regarding Cookies. At any time, the User can choose to express and modify his or her wishes with regard to Cookies.  may also use the services of external service providers to help it collect and process the information described in this section. Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Website of or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the Website or mobile application of , Twitter, Facebook and Linkedin may also deposit cookies on your terminals (computer, tablet, mobile phone). These types of cookies are only deposited on your terminals if you consent to them, by continuing your browsing on the Website or the mobile application of . At any time, the User may nevertheless revoke his/her consent to the deposit of this type of cookie by .

Article 9.2. INTERNET TAGS

may occasionally employ Internet tags (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner. These tags are placed both in online advertisements that allow users to access the Site and on individual pages of the Site. This technology allows  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 consulted), as well as the use of this Site by the User. The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for , and provide other services relating to the use of the Site and the Internet.

Article 9.3. MATOMO

Matomo Analytics (formerly Piwik Analytics) is a web analytics solution that uses cookies. This website uses Matomo Analytics with a configuration that complies with the regulations on the protection of personal data and the recommendations of the CNIL (Commission Nationale de l'Informatique et des Libertés). This configuration makes it possible to render the data of visitors anonymous and to limit the period of conservation of these data to 13 months maximum. With this configuration, the prior consent to the deposit of Matomo Analytics cookies is not mandatory.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the website is subject to French law. Except in cases where the law does not allow it, the competent courts shall have exclusive jurisdiction.