Terms and conditions
Definition
Customer: any professional or capable natural person as per Sections 1123 et seq. of the French Civil Code, or legal entity, visiting the website subject of these general conditions.
Deliveries and Services: https://www.defontaine.com provides customers with:
Content: All the elements constituting the information on the website, mainly texts – images – videos.
Customer information: Hereinafter referred to as “Information” which corresponds to all the personal data that may be held by https://www.defontaine.com for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user logging on to and using the above-mentioned site.
Personal information: “Personal data which permit, in any form, directly or indirectly, the identification of the natural persons to which they relate” (Section 4 of Act 78-17 of 6 January 1978).
The meaning of the terms “personal data”, “data subject”, “processor” and “sensitive data” is defined by the General Data Protection Regulation (GDPR: No. 2016-679)
1. Presentation of the website
In accordance with Section 6 of Act 2004-575 of 21 June 2004 on confidence in the digital economy, the identity of the various participants involved in creating and monitoring the website https://www.defontaine.com is notified to users:
- Owner: SAS Defontaine, share capital of €4,602,847.00 VAT number: FR22545550378 – RUE SAINT ELOI 85530 LA BRUFFIERE – FRANCE
- Editorial Manager: Defontaine – eric-jacquemont@defontaine.com
- Webmaster: Agence Bicom – Clisson – marketing@bicom.fr
- Host: ovh – 2 rue Kellermann 59100 Roubaix 1007 – FRANCE
- Data Protection Officer: Defontaine – benoit-ferquel@defontaine.com
- Photo credits: Franck Gallen – Defontaine Group
2. General Conditions of Use and description of services included
The website constitutes intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations.
The Customer may not in any way reuse, transmit or use all or part of the components or design of the website for public or commercial purposes.
Using the website https://www.defontaine.com implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and users of the https://www.defontaine.com website are invited to consult them regularly.
This website is normally accessible to users at all times. However, https://www.defontaine.com may decide to interrupt the website for technical maintenance purposes. In this case, users shall be given prior notice of the dates and times of interruption.
The https://www.defontaine.com website is regularly updated by https://www.defontaine.com. The legal notices may also be modified at any time: however, the user is bound by these notices and encouraged to read and take note of them as often as possible.
3. Description of the services provided
The https://www.defontaine.com website aims to provide information about all the company’s activities.
Defontaine endeavours to provide the most accurate information possible on the https://www.defontaine.com website. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether of its own doing or caused by third-party partners who provide the information.
All the information on the https://www.defontaine.com website is provided as an indication and is likely to change. Furthermore, the information on the https://www.defontaine.com website is not exhaustive. It may be subject to changes made since the information was posted online.
4. Contractual limitations on technical data
The site uses JavaScript technology.
The website cannot be held responsible for any material damage related to the use of the website. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment with the latest updated browser.
The https://www.defontaine.com website is hosted by a service provider in 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 ensuring the highest level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. Nevertheless, 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 abnormal.
https://www.defontaine.com and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
https://www.defontaine.com 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 the process used, is prohibited, except with the prior written authorisation of: https://www.defontaine.com.
Any unauthorised use of the site or of any of the components 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. Limits of liability
https://www.defontaine.com acts as the publisher of the site. https://www.defontaine.com is responsible for the quality and accuracy of the content it publishes.
https://www.defontaine.com cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the https://www.defontaine.com website, and resulting either from the use of equipment that does not meet the specifications indicated in Section 4, or from the effect of a bug or an incompatibility.
https://www.defontaine.com cannot be held responsible for any indirect damage (such as loss of market or loss of opportunity) resulting from the use of the https://www.defontaine.com website.
Interactive areas (possibility of asking questions in the contact area) are available to users. https://www.defontaine.com reserves the right to delete, without prior notice, any content posted in this area that violates the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://www.defontaine.com 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. Personal data management
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 6 August 2004 as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the Users’ personal account and their navigation on the Website, the person responsible for processing the Personal Data is: Defontaine represented by Eric Jacquemont, legal representative.
As the party responsible for processing the data it collects, https://www.defontaine.com undertakes to comply with the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of data processing, to provide prospects and customers, once their consent has been collected, with full information on the processing of their personal data and to maintain a register of processing operations complying with reality.
Whenever https://www.defontaine.com processes Personal Data, https://www.defontaine.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.defontaine.com processes them.
7.2 Purpose of the data collected
https://www.defontaine.com 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: website connection and user data, invoicing, order history, etc.
- prevent and protect against computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
- improve navigation on the Website: connection and user data
- conduct optional satisfaction surveys on https://www.defontaine.com: email address
- carry out communication campaigns (SMS, email): phone number, email address
https://www.defontaine.com does not market your personal data, it is only used for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with the European regulations in force, the Users of https://www.defontaine.com have the following rights:
- right to access (GDPR Section 15) and rectification (GDPR Section 16), update, completeness of personal data, right of blocking or erasure of personal data (GDPR Section 17), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (GDPR Section 13-2c)
- right to restrict the processing of personal data (GDPR Section 18)
- right to object to the processing of personal data (GDPR Section 21)
- right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (GDPR Section 20)
- right to define post-mortem directives concerning the fate of personal data and to choose to whom https://www.defontaine.com should communicate (or not) their data to a third party that they have previously designated
As soon as Defontaine becomes aware of the death of a User and in the absence of instructions from the User, Defontaine undertakes to destroy the User’s data, unless it is necessary to keep it for evidential purposes or to comply with a legal obligation.
If the Users wish to know how Defontaine uses their Personal Data, ask for them to be rectified or to oppose their processing, Users may contact https://www.defontaine.com in writing at the following address:
Defontaine – DPO, Benoit Ferquel – rue Saint-Eloi – 85530 La Bruffière – France
In this case, Users must indicate the Personal Data that they would like https://www.defontaine.com to correct, update or delete, providing precise identification 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 Defontaine by law, in particular as regards the retention or archiving of documents. Finally, Users of the Defontaine website may lodge a complaint with the supervisory authorities, in particular the CNIL (National Commission for Data Protection and Liberties) (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.defontaine.com will not process, host or transfer the Information collected on Customers to a country outside the European Union or recognised as “non-adequate” by the European Commission without informing the customer first. However, https://www.defontaine.com remains free to choose technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.defontaine.com undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.defontaine.com, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, https://www.defontaine.com does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://www.defontaine.com 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 the data of the Users of https://www.defontaine.com are our customer service agents.
8. Incident notification
Despite our efforts, no method of transmission over the Internet and method of electronic storage is completely secure. Therefore, we 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, 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 users of the https://www.defontaine.com website is published without the user’s knowledge, or exchanged, transferred, ceded or sold on any medium to third parties. Only the assumption of the repurchase of https://www.defontaine.com and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of retention and modification of the data with respect to the user of the https://www.defontaine.com website.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.defontaine.com uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://www.defontaine.com guarantees all reasonable measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The https://www.defontaine.com website contains a number of hyperlinks to other sites, set up with the permission of https://www.defontaine.com. However, https://www.defontaine.com does not have the possibility of tracking the content of the sites visited, and consequently shall not accept liability with this regard.
Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge using the available disabling options set out 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 in 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 will not damage the User’s terminal in any way.
https://www.defontaine.com is likely to process the Users’ information concerning their visit to the website, including the pages consulted and the searches carried out. This information enables https://www.defontaine.com 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 Users may configure their browser to allow them to decide whether or not to accept Cookies so that they are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. Users may also configure their browser software so as to be periodically prompted to accept or refuse cookies acceptance, before a Cookie is likely to be recorded in their terminal. https://www.defontaine.com informs Users that, in this case, not all the functionalities of their browser software may be available.
If Users refuse the storage of Cookies in their terminal or browser, or if the Users delete those stored therein, the Users are informed that their navigation and experience on the Website may be limited. This could also be the case when https://www.defontaine.com 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, https://www.defontaine.com declines all responsibility for the consequences linked to the degraded functioning of the website and any services offered by https://www.defontaine.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://www.defontaine.com to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will show how the Users can change their Cookie settings.
At any time, Users can choose to express and modify their Cookie settings. https://www.defontaine.com may also use the services of external service providers to help collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Instagram, Youtube and Linkedin appearing on the https://www.defontaine.com website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the https://www.defontaine.com website or mobile application, Twitter, Instagram, Youtube and Linkedin may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals with your consent, when continuing to browse the website or mobile application. However, Users can withdraw their consent to https://www.defontaine.com depositing this type of cookie at any time.
Section 9.2. INTERNET TAGS
https://www.defontaine.com may occasionally employ web beacons (also known as “tags”, “action tags”, “single-pixel GIFs”, “clear GIFs”, “invisible GIFs”, and “1×1 GIFs”) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements allowing users to access the Website and on the various pages of the website.
This technology allows https://www.defontaine.com 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 through these tags, compile reports on Website activity for https://www.defontaine.com, 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 https://www.defontaine.com website is subject to French law.
Except for cases where not permitted by law, the competent courts of La-Roche-Sur-Yon, France, have exclusive jurisdiction.