Legal Notice

Definitions

Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the website that is the subject of these general terms and conditions. Services: this website makes the following available to Clients: Content: All the elements making up the information on the website, in particular texts – images – videos. Client information: Hereinafter referred to as “Information”, meaning all the personal data that may be held by the website for the management of your account, for customer relationship management and for analysis and statistical purposes. User: Internet user connecting to or using the above-mentioned website. Personal information: “Information which, in any form whatsoever, directly or indirectly, allows the identification of the natural persons to whom it relates” (Article 4 of Law No. 78-17 of 6 January 1978). The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. General terms of use of the website and of the services offered

The website constitutes a work of the mind protected by the provisions of the French Intellectual Property Code and by the applicable international regulations. The Client may not in any way reuse, assign or exploit on its own behalf all or part of the elements or works of the website. Use of the website implies full and unreserved acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of the website are therefore invited to consult them regularly. This website is normally accessible to users at all times. However, the website may decide to interrupt it for technical maintenance purposes, in which case it will endeavour to inform users in advance of the dates and times of the intervention. The website is updated regularly. Likewise, the legal notice may be amended at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible in order to take note of it.

2. 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 maintenance. Owner: DYEZ, SAS (simplified joint-stock company) with share capital of 2000€ – 1 rue de Belle-Île 35340 La Bouëxière – SIRET: 80848760700018 – VAT: FR46808487607 Publication director: Cédric Guérin – [email protected] Webmaster: Cédric Guérin – [email protected] Hosting provider: OVH – 2 rue Kellermann 59100 Roubaix 1007 Data Protection Officer: Cédric Guérin – [email protected]

3. Description of the services provided

The purpose of the website is to provide information about all of the company’s activities. The website endeavours to provide information that is as accurate as possible. However, it cannot be held liable for any omissions, inaccuracies or failures to update, whether these are its own doing or that of the third-party partners who provide it with such information. All information given on the website is provided for guidance only and is subject to change. Furthermore, the information on the website is not exhaustive. It is given subject to any changes made since it was published online.

4. Contractual limitations regarding technical data

The website uses JavaScript technology. The website cannot be held liable for any material damage connected with the use of the website. Furthermore, the user of the website undertakes to access the website using recent, virus-free equipment and an up-to-date, latest-generation browser. The website is hosted by a service provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679) The aim is to provide a service that ensures the highest possible level of availability. The hosting provider 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 periods, in particular for the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal. The website and the hosting provider cannot be held liable in the event of a malfunction of the Internet network, telephone lines or computer and telephony equipment, due in particular to network congestion preventing access to the server.

5. Intellectual property and infringement

The owner of the website holds the intellectual property rights to, and the rights of use over, all the elements accessible on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, by whatever means or process, is prohibited without the prior written authorisation of the owner of the website. Any unauthorised use of the website or of any of the elements it contains will be deemed to constitute an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitation of liability

The owner cannot be held liable for any direct or indirect damage caused to the user’s equipment when accessing the website, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the occurrence of a bug or an incompatibility. Nor can the owner be held liable for any indirect damage (such as, for example, loss of business or loss of opportunity) resulting from the use of the website. Interactive areas (the possibility of asking questions in the contact area) are available to users. The owner reserves the right to delete, without prior formal notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, the owner also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).

7. Management of personal data

The Client is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on Confidence in the Digital Economy, the French Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected in connection with the creation of the User’s personal account and the User’s browsing on the website, the controller of the Personal Data is the owner, represented by its legal representative. As the controller of the data it collects, the website undertakes to comply with the framework of the legal provisions in force. It is in particular the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and clients, from the time their consent is collected, with complete information on the processing of their personal data, and to maintain a record of processing activities that reflects reality. Whenever the website processes Personal Data, it takes all reasonable measures to ensure that the Personal Data is accurate and relevant with regard to the purposes for which it processes it.

7.2 Purpose of the data collected

The owner may process all or part of the data:

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

The website does not sell your personal data, which is therefore used solely where necessary or for statistical and analysis purposes.

7.3 Right of access, rectification and objection

In accordance with the European regulations in force, Users of the website have the following rights:

• right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of Users’ data; right to block or erase Users’ personal data (Article 17 GDPR), where such data is inaccurate, incomplete, equivocal or out of date, or where its collection, use, communication or storage is prohibited
• right to withdraw consent at any time (Article 13-2c GDPR)
• right to restriction of processing of Users’ data (Article 18 GDPR)
• right to object to the processing of Users’ data (Article 21 GDPR)
• right to portability of the data that Users have provided, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• right to define what happens to Users’ data after their death and to choose to whom the website shall (or shall not) communicate their data to a third party they have previously designated

As soon as the website becomes aware of the death of a User, and in the absence of instructions from the User, it undertakes to destroy the User’s data, unless its retention proves necessary for evidential purposes or to comply with a legal obligation. If the User wishes to know how the website uses their Personal Data, to request its rectification or to object to its processing, the User may contact the owner in writing at the address given in point 2. In this case, the User must indicate the Personal Data that they would like the website to correct, update or delete, identifying themselves 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 the website by law, in particular with regard to the retention or archiving of documents. Finally, Users of the website may lodge a complaint with the supervisory authorities, in particular the CNIL (https ://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

The website shall not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as “not adequate” by the European Commission without first informing the client. However, the website remains free to choose its technical and commercial processors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679). The website undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information comes to the owner’s attention, the owner must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, the website does not collect any “sensitive data”. The User’s Personal Data may be processed by the owner’s subsidiaries and by processors (service providers), exclusively for the purposes of this policy. Within the limits of their respective remits and for the purposes set out above, the main persons likely to have access to the data of Users of the website are principally the staff of our customer service department.

8. Incident notification

Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify the users concerned so that they could take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to keep our clients fully informed of all matters relating to the security of their account and to provide 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 whatsoever to third parties. Only in the event of the acquisition of the website and its rights could such information be transmitted to the prospective purchaser, who would in turn be bound by the same obligation to retain 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 Data, the website uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords. When processing Personal Data, the website takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, “cookies” and Internet tags

The website contains a number of hyperlinks to other websites, set up with the owner’s authorisation. However, the website is not able to check the content of the websites thus visited and will consequently accept no liability in this respect. Unless you decide to disable cookies, you agree that the website may use them. You may disable these cookies at any time, free of charge, using the disabling options offered to you and set out below, bearing in mind 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 sent to the User’s browser and stored on the User’s device (e.g. computer, smartphone) (hereinafter “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 can in no way damage the User’s device. The website may process information concerning the User’s visit to the website, such as the pages viewed and the searches carried out. This information enables the website to improve its content and the User’s browsing. Since Cookies facilitate browsing and/or the provision of the services offered by the website, the User may configure their browser to decide whether or not to accept them, so that Cookies are either stored on the device or, on the contrary, rejected, either systematically or depending on their issuer. The User may also configure their browser software so that the acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie may be stored on their device. The website informs the User that, in this case, not all the features of their browser software may be available. If the User refuses the storage of Cookies on their device or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the website may be limited. This could also be the case when the owner or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet. Where applicable, the website accepts no liability for the consequences of the impaired operation of the website and of any services offered by the website resulting from (i) the User’s refusal of Cookies or (ii) the impossibility for the website to store or read the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and of the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will explain how the User can change their preferences with regard to Cookies. At any time, the User may choose to express and change their preferences with regard to Cookies. The website 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 on the website or in its mobile application, and if the User has accepted the placing of cookies by continuing to browse the website or the website’s mobile application. Social networks may also place cookies on your devices (computer, tablet, mobile phone). These types of cookies are only placed on your devices if you consent to them by continuing to browse the website or the website’s mobile application. At any time, the User may nevertheless withdraw their consent to the website placing this type of cookie.

Article 9.2. INTERNET TAGS

The website may occasionally use 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 which 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 the online advertisements allowing Internet users to access the website and on the various pages of the website. This technology enables the website to assess visitors’ responses to the website 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 website. The external service provider may collect information about visitors to the website and to other websites by means of these tags, compile reports on the website’s activity for the owner, and provide other services relating to the use of the website and of the Internet.

10. Governing law and jurisdiction.

Any dispute relating to the use of the website is governed by French law. Except where the law does not permit it, exclusive jurisdiction is conferred on the competent courts of Rennes.