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Legal information
Definitions
Customer: any professional or natural person capable within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Website which is the subject of these general terms and conditions.
Services: L'HYDROPTERE 2.0 provides Customers with :
Content: All the elements constituting the information present on the Site, in particular texts - images - videos making it possible to highlight the products sold (clothing, accessories, mugs, models).
Customer Information: Hereinafter referred to as "Information (s)" which corresponds to all personal data that may be held by L'HYDROPTERE 2.0 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 aforementioned site.
Personal information: "Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law no. 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 (GDPR: no. 2016-679).
1. Presentation of the website.
In accordance with article 6 of French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the L'HYDROPTERE 2.0 website are informed of the identity of the various parties involved in its creation and follow-up:
Owner: L'HYDROPTERE 2.0 is a SAS created in April 2021 with a share capital of €10,000 and registered in the Nantes (France) Trade and Companies Register (RCS) under number 898 362 900.
TVA number : FR69898362900
Registered office: TECHNOCAMPUS COMPOSITES, ALL DU CHAFFAULT, 44340 BOUGUENAIS
Publication manager: Mr. Gabriel Terrasse - serviceclient@lhydroptere.com
The person responsible for publication is an individual or a legal entity.
Webmaster: Mr. Antonin Verdon - serviceclient@lhydroptere.com
Host : OVH
SAS with capital of €10,174,560 RCS Lille Métropole 424 761 419 00045 Code APE 2620Z N° TVA : FR 22 424 761 419 Siège social : 2 rue Kellermann - 59100 Roubaix - France OVH SAS is a subsidiary of OVH Groupe SA, a company registered with the RCS of Lille under the number 537 407 926 and located at 2, rue Kellermann, 59100 Roubaix.
Data protection delegate: serviceclient@lhydroptere.com
3. Description of services provided.
The purpose of the website is to provide information concerning all of the company's activities. The company endeavours to provide information on the website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failures to update the information, whether these are its fault or the fault of third-party partners who provide the information.
All information provided on the site is given for information only and is subject to change. Furthermore, the information on the site is not exhaustive. It is given subject to modifications having been made since it was put online.
4. Contractual limitations on technical data.
The website uses JavaScript technology. The website cannot be held responsible for any material damage linked to the use of the site. In addition, users of the site undertake to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser. The site 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 level 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 time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the Services generate traffic deemed to be abnormal.
L'HYDROPTERE 2.0 and the host may not be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
L'HYDROPTERE 2.0 is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the 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 L'HYDROPTERE 2.0.
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 French Intellectual Property Code.
6. Limitation of liability.
L'HYDROPTERE 2.0 acts as the publisher of the site. L'HYDROPTERE 2.0 is responsible for the quality and accuracy of the content it publishes.
L'HYDROPTERE 2.0 cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing the L'HYDROPTERE 2.0 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 incompatibility.
L'HYDROPTERE 2.0 may also not be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from the use of the L'HYDROPTERE 2.0 website. Interactive areas (possibility to ask questions in the contact area) are available to users. L'HYDROPTERE 2.0 reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, L'HYDROPTERE 2.0 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 communications, 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 collecting personal data
For Personal Data collected as part of the creation of the User's personal account and browsing on the Website, the person responsible for processing Personal Data is: L'HYDROPTERE 2.0.
As the party responsible for processing the data it collects, L'HYDROPTERE 2.0 undertakes to comply with the legal provisions in force. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, once their consent has been collected, with complete information on the processing of their personal data and to maintain a register of the processing in accordance with reality. Whenever L'HYDROPTERE 2.0 processes Personal Data, it takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which it is processed.
7.2 Purpose of the data collected
L'HYDROPTERE 2.0 may process all or part of the data:
to enable browsing on the Website and the management and traceability of services ordered by the user: connection and Website use data, invoicing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed), etc.
to improve browsing on the Site: connection and usage data
to conduct optional satisfaction surveys on L'HYDROPTERE 2.0: email address
to carry out communication campaigns (sms, email): telephone number, email address
L'HYDROPTERE 2.0 does not sell your personal data, which is therefore only used by necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, L'HYDROPTERE 2.0 Users have the following rights:
right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users' data right to block or delete Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, out of date, 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 is 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 L'HYDROPTERE 2.0 should communicate (or not) their data to a third party that they have previously designated.
As soon as L'HYDROPTERE 2.0 becomes aware of the death of a User and in the absence of instructions from the User, L'HYDROPTERE 2.0 undertakes to destroy the User's data, unless it is required to be kept for evidential purposes or to comply with a legal obligation.
If the User wishes to know how L'HYDROPTERE 2.0 uses its Personal Data, ask to rectify them or oppose their processing, the User may contact L'HYDROPTERE 2.0 in writing at the following address:
L'HYDROPTERE 2.0, 7 Imp. du Belem, 44100 Nantes, France
In this case, the User must indicate the Personal Data that he/she would like L'HYDROPTERE 2.0 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 L'HYDROPTERE 2.0 by law, in particular as regards the retention or archiving of documents. Finally, Users of L'HYDROPTERE 2.0 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
L'HYDROPTERE 2.0 shall not process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognised as "non-adequate" by the European Commission without first informing the Customer. However, L'HYDROPTERE 2.0 remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).
L'HYDROPTERE 2.0 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 L'HYDROPTERE 2.0, the latter shall inform the Customer as soon as possible and inform the Customer of the corrective measures taken. Furthermore, L'HYDROPTERE 2.0 does not collect any "sensitive data".
The User's Personal Data may be processed by L'HYDROPTERE 2.0 subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to L'HYDROPTERE 2.0 Users' data are our customer service agents.
7.5 Types of data collected
Concerning the users of a L'HYDROPTERE 2.0 Website we collect the following data which are essential to the operation of the service, and which will be kept for a maximum period of 48 months after the end of the contractual relationship:
surname, first name, address, email address, telephone number
L'HYDROPTERE 2.0 also collects information that enables us to improve the user experience and offer contextualised advice:
Date of birth, Company
This data is kept for a maximum period of 48 months after the end of the contractual relationship.
8. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a breach of security, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or 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 the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the L'HYDROPTERE 2.0 website is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of L'HYDROPTERE 2.0 and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be with its turn held of the same obligation of conservation and modification of the data with respect to the user of the site L'HYDROPTERE 2.0.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, L'HYDROPTERE 2.0 uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, L'HYDROPTERE 2.0 takes all reasonable measures to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The L'HYDROPTERE 2.0 site contains a number of hypertext links to other sites, set up with the authorisation of L'HYDROPTERE 2.0 . However, L'HYDROPTERE 2.0 is not in a position to check the content of sites visited in this way, and consequently accepts no responsibility in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and described below, bearing in mind 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 on the User's terminal (e.g. computer, smartphone) (hereinafter referred to as "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.
L'HYDROPTERE 2.0 may process information about the User's visit to the Website, such as the pages consulted and searches performed. This information enables L'HYDROPTERE 2.0 to improve the content of the Website and the User's browsing experience.
Cookies facilitate browsing and/or the provision of services offered by the Website, and the User may configure his/her browser to allow him/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 depending on the sender. Users may also configure their browser software so that they are offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be stored on their terminal. L'HYDROPTERE 2.0 informs the User that, in this case, it is possible that not all the functions of their browser software will be available.
If the User refuses the storage of Cookies in their terminal 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 may also be the case when L'HYDROPTERE 2.0 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, L'HYDROPTERE 2.0 declines all responsibility for the consequences related to the impaired operation of the Website and any services offered by L'HYDROPTERE 2.0 resulting from (i) the User's refusal of Cookies (ii) the impossibility for L'HYDROPTERE 2.0 to save or consult the Cookies necessary for their operation due to the User's choice. To manage Cookies and User choices, the configuration of each browser is different. This is described in the browser's help menu, which will indicate how the User can modify his/her wishes with regard to Cookies.
At any time, the User may choose to express and modify his or her wishes with regard to Cookies. L'HYDROPTERE 2.0 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 Twitter, Facebook, Linkedin and Google Plus social networks appearing on the L'HYDROPTERE 2.0 Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the L'HYDROPTERE 2.0 Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit 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 your browsing on the Website or mobile application of L'HYDROPTERE 2.0. However, at any time, the User may revoke his/her consent to L'HYDROPTERE 2.0 depositing this type of cookie.
Article 9.2. INTERNET TAGS
HYDROPTERE 2.0 may from time to time employ Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store related information, including the User's IP address) in a foreign country.
These beacons are placed both in the online advertisements enabling Internet users to access the Site, and on the various pages of the Site.
This technology enables L'HYDROPTERE 2.0 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 use of this Website by the User.
The external service provider may collect information about visitors to the Website and other websites using these tags, compile reports on Website activity for L'HYDROPTERE 2.0, and provide other services relating to the use of the Website and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the L'HYDROPTERE 2.0 website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Bourg-en-Bresse.