Politique de confidentialité

Definitions

Customer: 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 Website subject to these general terms and conditions.

Services: https://maxencebarba.fr provides Customers with:

Content: All elements constituting the information present on the Website, including texts, images, and videos.

Customer Information: Hereinafter referred to as “Information(s)”, corresponding to all personal data likely to be held by https://maxencebarba.fr for the management of your account, customer relationship management, and analytical or statistical purposes.

User: Internet user connecting to and using the aforementioned website.

Personal Information: “Information that allows, 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 January 6, 1978).

The terms “personal data”, “data subject”, “processor”, and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016/679).

1. Presentation of the Website

Pursuant to Article 6 of French Law No. 2004-575 of June 21, 2004 on Confidence in freedom for the digital economy, users of the website https://maxencebarba.fr are informed of the identity of the various parties involved in its creation and monitoring:

Owner: EI MAXENCE BARBA DESIGN – 19 rue de Luynes, 69360 SAINT SYMPHORIEN D’OZON, France

Publication Manager: Maxence Barba – maxencebarba.pro@gmail.com (The publication manager may be a natural person or a legal entity.)

Webmaster: Maxence Barba – maxencebarba.pro@gmail.com

Host: OVH – 2 rue Kellermann, 59100 Roubaix, France – 1007

Data Protection Officer: Maxence Barba – maxencebarba.pro@gmail.com

(This legal notice template is provided by the GDPR legal notice generator from Orson.io)

2. General Conditions of Use of the Website and Services Offered

The Website constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable International Regulations. The Customer may in no way reuse, assign, or exploit for their own account all or part of the elements or works of the Website.

Use of the https://maxencebarba.fr website implies full and unreserved acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time; users of the https://maxencebarba.fr website are therefore invited to consult them on a regular basis.

This website is normally accessible to users at all times. An interruption for technical maintenance may, however, be decided by https://maxencebarba.fr, which will then endeavour to communicate to users beforehand the dates and times of the intervention. The website https://maxencebarba.fr is updated regularly by its manager. Similarly, the legal notices may be modified at any time: they are nonetheless binding upon the user, who is invited to refer to them as often as possible in order to take cognisance of them.

3. Description of Services Provided

The https://maxencebarba.fr website is intended to provide information concerning all the company’s activities. https://maxencebarba.fr endeavours to provide information on the https://maxencebarba.fr website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in updating, whether caused by itself or by third-party partners who provide this information.

All information indicated on the https://maxencebarba.fr website is given for indicative purposes and is subject to change. Furthermore, the information on the https://maxencebarba.fr website 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 material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses, and with an updated, latest-generation browser. The website https://maxencebarba.fr 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 objective is to provide a service that ensures the best accessibility rate. The host 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 durations, notably for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate abnormal traffic.

https://maxencebarba.fr and the host cannot be held responsible 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

https://maxencebarba.fr is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, notably 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 authorization of: https://maxencebarba.fr.

Any unauthorized exploitation of the site or of any of the elements it contains will 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://maxencebarba.fr acts as the publisher of the site. https://maxencebarba.fr is responsible for the quality and veracity of the Content it publishes.

https://maxencebarba.fr cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the https://maxencebarba.fr website, 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.

https://maxencebarba.fr cannot also be held responsible for indirect damage (such as loss of market or loss of opportunity) consecutive to the use of the https://maxencebarba.fr website. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://maxencebarba.fr reserves the right to delete, without prior notice, any content deposited in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://maxencebarba.fr also reserves the right to question the civil and/or criminal liability of the user, particularly in the event of a racist, abusive, defamatory, or pornographic message, regardless of the medium used (text, photography, etc.).

7. Personal Data Management

The Customer is informed regarding regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016/679).

7.1 Data Controllers for Personal Data Collection

For Personal Data collected in the context of creating the User’s personal account and browsing the Website, the controller of Personal Data is: MAXENCE BARBA DESIGN. https://maxencebarba.fr is represented by Maxence Barba, its legal representative.

As the controller of the data it collects, https://maxencebarba.fr undertakes to comply with the legal provisions in force. It is up to the Customer to establish the purposes of their data processing, provide their prospects and clients with complete information on the processing of their personal data based on the collection of their consents, and maintain a register of processing in accordance with reality. Whenever https://maxencebarba.fr processes Personal Data, https://maxencebarba.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data regarding the purposes for which https://maxencebarba.fr processes them.

7.2 Purpose of Collected Data

https://maxencebarba.fr may process all or part of the data:

To enable navigation on the Website and the management and traceability of services ordered by the user: connection and usage data of the Website, invoicing, order history, etc.

To prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed).

To improve navigation on the Website: connection and usage data.

To conduct optional satisfaction surveys on https://maxencebarba.fr: email address.

To conduct communication campaigns (SMS, email): telephone number, email address.

https://maxencebarba.fr does not commercialise your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.

7.3 Right of Access, Rectification, and Opposition

In accordance with current European regulations, Users of https://maxencebarba.fr have the following rights:

Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of User data; right to block or erase Users’ personal data (Article 17 GDPR) 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 GDPR).

Right to restriction of User data processing (Article 18 GDPR).

Right to object to User data processing (Article 21 GDPR).

Right to portability of data provided by Users, where such data is subject to automated processing based on their consent or a contract (Article 20 GDPR).

Right to define the fate of Users’ data after their death and to choose to whom https://maxencebarba.fr should communicate (or not) their data to a third party previously designated.

As soon as https://maxencebarba.fr becomes aware of the death of a User and in the absence of instructions from them, https://maxencebarba.fr undertakes to destroy their data, unless their conservation proves necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how https://maxencebarba.fr uses their Personal Data, request to rectify them, or oppose their processing, the User may contact https://maxencebarba.fr in writing at the following address:

MAXENCE BARBA DESIGN – DPO, Maxence Barba
19 rue de Luynes, 69360 SAINT SYMPHORIEN D’OZON, France.

In this case, the User must indicate the Personal Data they would like https://maxencebarba.fr 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 https://maxencebarba.fr by law, particularly regarding the conservation or archiving of documents. Finally, Users of https://maxencebarba.fr may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-Communication of Personal Data

https://maxencebarba.fr refrains from processing, hosting, or transferring Information collected on its Customers to a country located outside the European Union or recognized as “unsuitable” by the European Commission without prior notice to the customer. However, https://maxencebarba.fr remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016/679).

https://maxencebarba.fr undertakes to take all necessary precautions to preserve the security of the Information and in particular that it not be communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://maxencebarba.fr, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, https://maxencebarba.fr does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of https://maxencebarba.fr 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 recalled above, the main persons likely to have access to the data of Users of https://maxencebarba.fr are mainly our customer service agents.

8. Incident Notification

Despite 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 security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to their account security and providing them with all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the https://maxencebarba.fr website is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the assumption of the acquisition of https://maxencebarba.fr and its rights would allow the transmission of said information to the potential purchaser who would in turn be bound by the same obligation of data conservation and modification vis-à-vis the user of the site https://maxencebarba.fr.

Security

To ensure the security and confidentiality of Personal Data and Health Personal Data, https://maxencebarba.fr uses networks protected by standard devices such as firewalls, pseudonymisation, encryption, and passwords.

When processing Personal Data, https://maxencebarba.fr takes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext Links, “Cookies”, and Internet Tags (“Tags”)

The https://maxencebarba.fr website contains a certain number of hypertext links to other sites, set up with the authorization of https://maxencebarba.fr. However, https://maxencebarba.fr does not have the possibility of checking the content of the sites thus visited, and consequently assumes no responsibility for this fact.

Unless you decide to deactivate cookies, you accept that the site can use them. You can deactivate these cookies at any time free of charge from the deactivation options offered to you 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 saved 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, as well as the date and time of access. Cookies do not risk damaging the User’s terminal under any circumstances.

https://maxencebarba.fr is likely to process the User’s information concerning their visit to the Site, such as pages consulted and searches performed. This information allows https://maxencebarba.fr to improve the content of the Site and User navigation.

Cookies facilitating navigation and/or the provision of services offered by the Site, the User can configure their browser to allow them to decide whether or not they wish to accept them so that Cookies are recorded in the terminal or, conversely, that they are rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them punctually, before a Cookie is likely to be recorded in their terminal. https://maxencebarba.fr informs the User that, in this case, it may be that the functionalities of their browser software are not all available.

If the User refuses the registration of Cookies in their terminal or browser, or if the User deletes those registered there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://maxencebarba.fr 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, https://maxencebarba.fr declines all responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by https://maxencebarba.fr, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://maxencebarba.fr to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to know how the User can modify their wishes regarding Cookies.

At any time, the User can choose to express and modify their wishes regarding Cookies. https://maxencebarba.fr may also call upon the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn, and Google Plus appearing on the https://maxencebarba.fr Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate the Website or mobile application of https://maxencebarba.fr, Twitter, Facebook, LinkedIn, and Google Plus may also deposit 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 navigation on the Website or mobile application of https://maxencebarba.fr. At any time, the User may nevertheless withdraw their consent to https://maxencebarba.fr depositing this type of cookie.

9.2. INTERNET TAGS (“TAGS”)

https://maxencebarba.fr may occasionally employ internet tags (also called “tags”, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them via a web analytics partner specialized who may be located (and therefore store corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements allowing users to access the Site, and on the various pages thereof.

This technology allows https://maxencebarba.fr 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 possibly collect information on visitors to the Site and other websites using these tags, compile reports on the activity of the Site for the attention of https://maxencebarba.fr, and provide other services relating to the use of it and the Internet.

10. Applicable Law and Attribution of Jurisdiction

Any dispute in relation to the use of the https://maxencebarba.fr website is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is attributed to the competent courts of Lyon.