OF THE BELLES DEMEURES
WEBSITE AND APPLICATION
1.2 IDENTIFICATION OF THE PUBLISHER
The Website is published by the company:
French Société par Actions Simplifiée (simplified joint-stock company) with share capital of €106 750
Paris Trade and Companies Registry no. B 432 379 949
Intra-community VAT number: FR 844 323 79 949
Registered office: 65 rue Ordener 75880 Paris cedex 18, France
1.3 DIRECTOR OF PUBLICATION
The Website’s Director of Publication is Mr Bertrand GSTALDER.
1.4 CONTACT THE COMPANY
The User may contact the Company:
• by letter sent to the address indicated: Belles Demeures – Services Clients – 65 rue Ordener 75880 Paris Cedex 18, France
• by email: email@example.com
• by telephone (+33 1 56 77 56 77) every day from 9.00 a.m. to 6.00 p.m., excluding public holidays in France (call without surcharge).
• by fax (+33 1 56 77 56 78)
1.5 WEBSITE HOST
8, rue de la Ville l’Evêque – 75008 PARIS
+33 899 70 01 01
114 rue Ambroise Croizat
93200 Saint Denis
+33 1 48 17 65 00
For the purpose of these GTU, the words beginning with a capital letter will have the following meaning:
“Application” : refers to the interactive electronic service run by the Company, accessible from any terminal with an internet connection, by free downloading from the AppStore or by consultation via a web browser, enabling, where appropriate, after being installed, to access the Services.
“Data” : refers to the personal data as defined in article 4 of the (EU) Regulation 2016/679 of the European Parliament and Council of 27th April 2016 related to the protection of private individuals as regards the processing of personal data and the free distribution of such data (hereafter referred to as the “General Regulation on Data Protection”) provided by the User to the Company or collected by the Company upon use of the Website, Application and/or Services.
“Real-estate Partners” : refers to the advertisers having entered into an agreement with the Company for the publication of advertisements for rental and/or sale of real estate on the Website and/or Application.
The publication of advertisements on the Website and/or Application is reserved for advertisers falling within one of the following categories :
• real-estate professionals holding a transaction card (“carte de transaction”) or management card (“carte de gestion”) in accordance with the Hoguet law no. 70-9 of 2nd January 1970
• lawyers performing a subsidiary activity as representative in real-estate transactions
The signature of an agreement for the publication of advertisements on the Website and/or Application only covers the publication of advertisements for exceptional real-estate property.
“Website” : refers to the interactive electronic service published and run by the Company, accessible in particular at the address www.bellesdemeures.com, from which it enables access to its Services.
“Server” refers to a computer hosting an application service with a large amount of disk space on which files are stored.
“Website Server” : refers to the servers hosting the Website on which the Services made available to the User by the Company are installed and provided.
“Services” : refers to the services provided by the Company on its Website and/or the Application and described in article 4 of these GTU, and their extensions in the form of alerts, newsletters, diary and functions of the User’s terminal, required for their operation.
“User” : refers to any private individual accessing the Website and/or Application for a strictly private use.
3. SCOPE OF APPLICATION, ACCEPTANCE AND AMENDMENT OF THE GTU
These GTU aim at defining the terms and conditions in which the User benefits from the Services provided by the Company through its Website and/or its Application.
All of the Services provided by the Company and made available to the User are detailed on the Website and/or Application.
The subscription, access or use of the Services implies the unreserved and unrestricted acceptance of these GTU by the User.
These GTU may be amended. The GTU applicable are those in force and accessible on the Website and/or Application of the Company on the date of the User accessing the Website and/or Application.
If the Application has been downloaded from the Apple App Store or the Google Play Store, the User has been invited, beforehand, to accept the general terms and conditions specific to these two platforms and undertakes to respect them.
4. ACCESS AND AVAILABILITY OF THE SERVICES
4.1 DESCRIPTION OF THE SERVICES
The Services provided on the Company’s Website and/or Application consist in facilitating the User’s search for the purchase and/or sale and/or rental of a real-estate property by enabling the latter, in particular, to benefit from the following Services, free of charge :
(i) a service of search and consultation of offers of sale and/or rental of real-estate property
(ii) access to the contact details of the Real-Estate Partners publishing offers of sale / rental of real-estate property on the Website and/or Application
(iii) a service of connection with the Real-Estate Partners of the Company
(iv) a free subscription to a newsletter
(v) an email alert service enabling the User to receive the latest offers by email, corresponding to his/her search for property.
The Services are described in more detail on the Website and/or Application. The User is informed that the said Services may evolve on a permanent basis. The User is informed and acknowledges that the Company’s activity is limited to facilitating the connection between the Users and the Real-Estate Partners of the Company. Its responsibility may not, in any event, be incurred as regards the relations, agreements and discussions that may take place between the Users and the Real-Estate Partners of the Company.
4.2 ACCESS TO THE SERVICES
The Services are freely and exclusively accessible on line on the Company’s Website and/or Application.
4.3 AVAILABILITY OF THE SERVICES
The Company endeavours to make its Services available 24 hours a day, 7 days a week, independently of any maintenance operations on the said Services and/or the Servers and/or the Website and/or the Application. In this respect, the Company is bound to an obligation of means.
The Company reserves the possibility to amend or interrupt, temporarily or permanently, at any time, all or part of the Services, without prior information to the Users and without indemnity.
The Company endeavours to ensure the continuity of the Services; however, considering the complexity and specific circumstances related to the hosting activity, the Company may only be bound to an obligation of means in relation to these GTU.
Consequently, the Company may not be held liable for any difficulties or blockage in access, for the slowness of the connection or any other technical problem due to situations and/or technical intermediaries that are external to the Company.
5. GUARANTEES – RESPONSIBILITY – FORCE MAJEURE EVENT
5.1 USER’S GUARANTEE
By accessing the Company’s Website and/or Application, the User declares, warrants and undertakes :
• to access and use the Website and/or the Application and the Services honestly, reasonably, and in a way that does not contradict the terms of these GTU and for a strictly personal and not-for-profit use
• not to use devices or software other than those provided by the Company aiming at i) affecting or attempting to affect the smooth running of the Website and/or Application and/or Services that it contains ii) or at extracting, amending or consulting all or part of the Website and/or Application, even in buffer or temporary memory, or for a personalised use
• not to access and/or use the Website and/or the Application and/or the Services provided by the Company on the said Website or Application for unlawful purposes and/or with a view to infringing the reputation and brand image of the Company or more generally infringing the rights, in particular the intellectual property rights, of the Company and/or third parties
• not to market the Services and/or access to the Services and/or access to the Website and/or the Application, directly or indirectly
• not to reuse all or part of the Website and/or Application and Services that they contain, in particular for commercial purposes and/or collective purposes and/or personal purposes in a format and/or with media that is not authorised by the Company
• not to operate the Services provided by the Company or data to which he/she may have access via the said Services and/or the Website and/or the Application for directly or indirectly commercial purposes and/or for personal purposes in a format and/or with media that is not authorised by the Company
• not to reproduce or show all or part of the Website and/or the Application for private purposes other than the legal exceptions specified, in particular by the French Intellectual Property Code, or with a view to direct or indirect marketing in particular with a third party
• not to limit access and use of the Website and/or Application and/or Services
• not to amend, including in buffer or temporary memory, any information or element of the Services and/or the content of the Website and/or Application
• not to contravene the provisions of articles 323-1 to 323-7 of the French Penal Code punishing so-called “hacking” practices
• not to use and/or exploit the electronic and/or postal details of the other Users of the Website and/or the Application, with a view to mass mailing of unsolicited emails and “spamming”
In the event of breach of one of these obligations and without this list being complete, the User acknowledges and accepts that the Company will be entitled to refuse the User’s access to all or part of the Website and/or the Application, unilaterally and without prior notice.
5.2 COMPANY’S GUARANTEE
The Company provides the User, through its Website and/or Application, with access to a certain number of Services aiming at assisting the User in his/her real-estate project.
The User is perfectly aware that the Company cannot, in particular, guarantee the outcome given :
• to real-estate rental and/sale advertisements that he/she may have consulted on the Website and/or Application;
• to the answers that may be given to him/her further to his/her requests for contact with the Real-Estate Partners having published real-estate rental and/or sale advertisements;
• and more generally to the User’s special requirements.
The Company declines all responsibility regarding the reliability and/or relevance of the content published by the Real-Estate Partners on the Website and/or the Application, the said content being put on line and published under their full responsibility.
The Company will endeavour to put the Users into contact with the Real-Estate Partners publishing their content via the Website and/or the Application.
The Company does not guarantee any contractual relation between the User and the said Real-Estate Partners.
The Users acknowledge that the Company does not intervene at any time in the exchanges and transactions between the Users and the Real-Estate Partners and does not act as a mediator between the Users and the Real-Estate Partners.
Consequently, the tort or contractual liability of the Company may not be incurred, in any event, for the signature, lack of signature, performance, cancellation or mediation of any contractual relation between the Users and the Real-Estate Partners or for the consequences, of any kind, resulting from a dispute between the latter.
5.3 LIMITED LIABILITY
The User is exclusively liable for the use that he/she makes of the Website and/or Application and the Services to which he/she has access from the Website and/or the Application.
The Company may not, in any event, be held liable in relation to legal action brought against the User who may be guilty of non-compliant use of the Website and/or the Application and/or the Services that he/she obtains.
In this respect, the User acknowledges and accepts that he/she will deal personally with any claim or procedure brought against the Company, due to the lack of compliant use by the User of the Services and/or the Website and/or the Application.
The Website and/or the Application may contain hypertext links sending the User to third parties’ websites.
In this respect, considering the evanescent nature of the content which may be displayed on them, the liability of the Company may not be incurred in the event that the content of the said third-party websites infringes the legal and/or regulatory provisions in force.
In any event, the Company may not be held liable:
• in the event of unavailability of the Services for reasons such as failure in the public electricity network, failure in cabled telecommunications networks, loss of connection to the internet due to public or private operators, in particular of the User, the causes of which are due in particular to strike, storms, earthquakes or any other cause with the characteristics of a force majeure event;
• in the case of use of the Services by a User in conditions that do not comply with these GTU;
• within the limits of the legislation in force, for any indirect damage, including in particular loss of profits, data or any other loss of intangible assets, even if the Company has been informed of the potential nature of such damage, that may occur (i) from the use or impossibility to use the Services (ii) further to access to the Services by an unauthorised User.
The Company may not be held liable for any malfunction of any kind related to the User’s computer equipment or his/her Internet connection, upon accessing the Website and/or the Application and more generally the Services. More particularly, the Company cannot provide guarantees for the User of the Services regarding :
• problems that the User may encounter related to the speed of accessing the Website and/or Application or the speed of the installation in the buffer memory of the User’s computer of the videos that may be accessed via the Services;
• the quality of the texts, information, descriptions, photographs and videos enclosed with the real-estate rental and/or sale advertisements published by the User and/or the Real-Estate Partners and accessible through its Services.
As a hosting service, as stipulated in article 6-I-7 of law no.2004-575 of 21st June 2004, of the advertisements published under the exclusive responsibility of the Real-Estate Partners, the Company cannot physically organise a general surveillance of the adverts that it hosts on the Website and/or Application and cannot assess their lawful or unlawful content.
Thus, in the event that the User should discover that all or part of an advert – put on line on the Website and/or Application by a Real-Estate Partner – may contain clearly unlawful content, the User is requested to inform the Company of this.
In order to comply with the provisions of article 6-I-5 of law no. 2004-575 of 21st June 2004, the User will be requested by the Company to give further information by communicating all of the following elements in writing:
• surnames, first names, date and place of birth, postal address;
• the date of notification of the litigious advert;
• the number(s) of the litigious advert(s);
• the URL address(es) of the litigious advert(s);
• the reasons why the advert should be removed, including the legal provisions and evidence of the facts;
• a copy of the correspondence sent to the advertiser requesting the removal or amendment of the advert or the evidence that the advertiser could not be contacted.
In this respect, the User undertakes not to abuse this possibility, otherwise he/she acknowledges and accepts the risk of criminal proceedings, in accordance with the provisions of article 6.I.4 of law no. 2004-575 of 21st June 2004 by which: “The fact that any person presents to the persons indicated in 2 (hosts) a content or activity as being unlawful with the aim of obtaining its withdrawal or stopping its publication, when such person knows that this information is incorrect, is punished by one year of imprisonment and a fine of 15 000 Euros”.
5.4 FORCE MAJEURE EVENT
The Company’s liability may not be sought if the performance of one of its obligations is prevented or delayed due to a force majeure event as defined by article 1218 of the French Civil Code as amended by order no. 2016-131 of 10th February 2016 and interpreted by case-law examples from the French courts, and in particular, without limitation, natural disasters, fire, failure or interruption of the telecommunications network or electricity network.
6. CLAIMS – TECHNICAL ASSISTANCE
For any technical information or information related to the functions of the Services accessible via the Website and/or the Application, the User may send his/her claim to the contact details indicated in article 1.4 of this document.
7. INTELLECTUAL PROPERTY
7.1 COPYRIGHT ON THE COMPANY’S WEBSITE AND/OR APPLICATION
The Company is holder or licensee of the intellectual property rights both of the general structure of the Website and/or Application and its content (texts, slogans, graphics, images, videos, photos and other content).
Therefore, in accordance with the provisions of Book 1 of the French Intellectual Property Code, any total or partial representation, reproduction, amendment, denaturing and/or operation of the Website and/or Application and/or its content and/or the Services, by any process whatsoever and on any medium whatsoever, without the Company’s prior, specific authorisation, is prohibited and constitutes deeds of copyright infringement.
Similarly, any unauthorised operation of the Website and/or the Application and/or its content and/or the Services incurs the criminal and civil liability of the User on the grounds of copyright infringement.
The Company only intends to disclose the Website and/or the Application and the Services in order to enable an access to them on the internet :
i. from a computer or equivalent terminal with access to one or several telecommunications networks enabling access to the internet and a browser software on the internet (such as Internet Explorer, Mozilla Firefox, etc.);
ii. from a telephone terminal with access to a telecommunications network enabling access to the internet (Wi-Fi connection, 4G, 3G, Edge, etc.);
Any other use of the Website and/or Application and/or Services is deemed as automatically reserved for the Company and constitutes an infringement of its right to disclosure on the Website and/or the Application and/or the Services.
7.2 DISTINGUISHING FEATURES
Les marques, logos, dénominations sociales, sigles, noms commerciaux, enseignes et/ou nom de domaine de la Société et/ou de ses partenaires commerciaux mentionnés sur le Site Internet et/ou sur l’Application, permettant l'accès aux Services mis à disposition par la Société, constituent des signes distinctifs insusceptibles d'utilisation sans l'autorisation expresse et préalable de leur titulaire.The trademarks, logos, corporate names, symbols, trade names, brand names and/or domain name of the Company and/or its business partners indicated on the Website and/or the Application, enabling access to the Services made available by the Company, make up distinguishing features that may not be used without prior, specific authorisation from their holder.
Any partial or total representation and/or reproduction and/or use of these distinguishing features is therefore prohibited and constitutes trademark infringement, in accordance with the provisions of Book 7 of the French Intellectual Property Code, usurpation of corporate name, trade name and domain name incurring the tort civil liability of its perpetrator.
The User acknowledges irrevocably that the Website and/or Application and the Services are made up of one or several databases made available by the Company as producer of the said databases as specified by the provisions of articles L.341-1 and thereafter of the French Intellectual Property Code.
Therefore, in accordance with the provisions of article L. 342-1 of the same Code, the User is forbidden from :
• extracting all or part of the content of one or several databases accessible on the Website and/or the Application and/or the Services through permanent or temporary transfer, in substantial quality or quantity, on another medium, by any means and in any format whatsoever, including for the purposes of use or consultation by media and/or processes not authorised by the Company;
• reusing, by making available to the public, all or part of the content of one or several databases accessible on the Website and/or the Application and/or the Services, in substantial quality or quantity, regardless of the format, including by a hypertext link, media and/or processes not authorised by the Company;
• creating, editing, maintaining, updating, importing, exporting, making available to third parties, free of charge or in return for payment, and participating in the above deeds, of a competing database resulting from all or part of one or several databases of the Company;
• visualising on a screen by processes or media other than those by which the Company intends to disclose the Website and/or Application and Services.
• generally speaking, any extraction, use, storage, reproduction, representation or conservation, whether direct or indirect, partial or total, including in buffer or temporary memory, in substantial quality or quantity of the content of one or several databases of the Company, performed by one of the processes indicated above is strictly prohibited, including by media that is not authorised by the Company.
7.4 CONTENT OF THE SERVICES
The User acknowledges and accepts that the access to the Website and/or the Application and Services made available by the Company may not entail any transfer or licencing whatsoever of the intellectual property rights (copyright in particular) and other rights in favour of the User.
Access to the Services is exclusively limited to the User’s personal and private use in accordance with the conditions and limits set forth in these GTU and in accordance with the provisions of article L.122-5 2° of the French Intellectual Property Code.
Thus, the User acknowledges and accepts that the personal and private use granted to the latter by the Company, in relation to the access to its Services, excludes in particular access to the Services with a view to a collective use of their content, the reproduction, representation, resale, exchange, rental, transfer to a third party, amendment, adaptation, correction, whether free of charge or in return for payment, of all or part of the Website and/or the Application and Services and their content.
7.5 HYPERTEXT LINKS
The hypertext links accessible on the Website and/or Application, enabling to access the Services, towards other websites and/or applications and generally speaking towards all resources existing on the internet, may not incur the Company’s liability.
The User may not, in any event, set up hypertext links to deep pages of the Websites and/or Applications, enabling access to the Services, by any technical process aiming at avoiding the User identification field or performing site crawling of all or part of the content of the Services made available by the Company. “Framing” techniques are prohibited, unless previously and specifically authorised by the Company.
8. MISCELLANEOUS TERMS
8.1 CORRESPONDENCE – PROOF
Unless otherwise stipulated by a special provision in these GTU, all correspondence exchanged between the Company and the User will be sent by email. The User acknowledges and accepts that the information delivered by the Company by email and on the Website and/or the Application is taken as evidence between the User and the Company. Elements such as the time of receipt or sending, and the quality of the data received will be taken as evidence as a priority as they are shown on the Website and/or Application, or as authenticated by the computerised procedures of the Company, unless the User provides written proof to the contrary. The scope of the proof of the information issued by the Website and/or Application is that granted to an original document for a written paper document, signed by hand.
8.2 ENTIRETY OF THE GTU
These GTU set forth all of the obligations of the Company and of the User. The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations stipulated in this document, may not be interpreted for the future as a waiver of the obligation in question.
8.3 PARTIAL INVALIDITY
In the event that one or several provisions of these GTU should be considered as null and void, deemed as unwritten or declared as such in accordance with a law, regulation or further to a decision from a court with jurisdiction which has the binding force of res judicata, the other provisions will maintain their full value and scope and shall remain fully applicable, unless the invalid provision(s) has (have) a substantial nature leading their removal to challenge the contractual balance.
In the case of difficulties in interpretation between one of the headings of the clauses of these GTU, and the content of the clauses, the headings shall be declared as unwritten.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
These GTU are subject to French law. In the event of a dispute related to the application, interpretation, validity and performance of these GTU, and in the absence of any out-of-court agreement between the parties, specific jurisdiction is granted to the French courts.
10. CONFIDENTIALITY POLICY – PERSONAL DATA PROTECTION
10.1. PERSONAL DATA
a) Head of Processing
The head of processing of the User Data processed by the Company is
Belles Demeures French Société par Actions Simplifiée (simplified joint-stock company) with share capital of €106 750
Paris Trade and Companies Registry no. B 432 379 949
Intra-community VAT no.: FR 844 323 79 949
Registered office: 65 rue Ordener 75880 Paris cedex 18, France
represented by its Director of Publication.
b) Type of personal data collected from the User by the Company
The Data that the Company collects from the User or the latter’s terminal may include :
• the User’s surname and first name,
• his/her postal address,
• his/her email address,
• his/her telephone number,
• his/her year of birth,
• the IP address of his/her device or the SDK (Software Development Kit) number of the Application that he/she uses,
• his/her unique identifier and password,
• information related to his/her browsing and interactions with the Services, Application and/or Website (search history, forms, cookies, etc.),
• information related to his/her geolocation only if he/she chooses this (via the Application),
• information related to his/her profile on a social media site if the latter is public and only if the User decides to link his/her account to a social media site and share his/her actions in accordance with the conditions specified in the article entitled “CONNECTION VIA SOCIAL MEDIA” of these GTU.
The Company collects information provided by the Users in particular :
• upon creation of their personal spaces,
• upon completing and sending contact forms,
• upon their browsing on the Website and/or Application (consultation of adverts, searches, etc.).
c) Legal grounds for the processing
In relation to accepting the GTU, and in accordance with article 6.1 of the General Regulation on Data Protection, the User is informed that the various processing techniques of his/her Data referred to below are required (i) for the performance and completion of the Services offered by the Company, the supply of which is governed by these GTU constituting the agreement signed by the User aiming at accompanying the latter in relation to his/her real-estate project; (ii) and for the legitimate interests sought by the Company with a view to improving its Services and understanding the expectations of the Users, enabling in particular to protect the Users’ rights and Data
d) Purpose of the processing
The Users’ Data processed by the Company are used for the following purposes :
• to enable them to create an account,
• to provide them with the Services available through the Website and/or Application,
• to answer their requests,
• to draw up general statistics on the traffic on its Website and/or the Application and the various sections that they contain,
• to send them emails with answers, various information or advertisements published on the Website and/or Application by the Company or by its Real-Estate Partners, customers of the Company,
• to send them emails with newsletters on the evolution of the Website and/or the Application and the various sections of the said Website and/or the Application,
• to have more information on their needs and to simplify their browsing and/or to analyse or predict elements about them, such as personal preferences, interests, reliability and their conduct,
• to perform surveys and satisfaction studies.
The Users’ Data processed by the Company are also used for marketing purposes to answer requests for information and canvassing issued by the Users to third-party partners, subject to the Users’ specific consent.
e) Recipients of User’s personal data
The Data may be communicated, in accordance with the laws applicable to the Company, for one or several of the purposes described in article 10.1 d), to the persons listed below:
• empowered and authorised staff members of the SELOGER group who may be required to process the Data,
• Real-Estate Partners, customers of the Company, that the Users specifically wish to contact in order to manage their requests (information on a property, agency, estimation request, etc.),
• IT service providers of the Company in charge in particular of providing a service and advertisements adapted to the Users and of assessing the number of visits to the Website and/or Application in accordance with the provisions of the article entitled “Use of monitoring technologies (Website and/or Application)” of these GTU,
• administrative or court authorities authorised by French law,
• business partners of the Company when the Users have specifically agreed to receive promotional offers from them.
f) Term of keeping the User’s personal data
The Data are kept by the Company, in accordance with the laws applicable to the Company, for a period of 3 years as from the User’s last contact with the Company (amendment of his/her account, browsing on the Website and/or Application, completion of a form on the Website and/or Application, etc.). This information may also be kept for an additional period of 2 years, with a restricted and exceptional access, for the purpose of evidence in accordance with the legal and regulatory obligations of the Company. The documents and accounting items are kept for 10 years, as accounting proof.
10.2 USER’S RIGHT TO OBJECT, ACCESS, RECTIFY AND DELETE DATA
a) User’s rights
In accordance with the laws applicable to the Company, the User has the possibility of :
• objecting, at any time for personal reasons, to the processing of his/her Data in relation to the Services provided by the Company,
• objecting, at any time, to the processing of the Data for canvassing purposes,
• objecting to the communication of the Data to third parties, or accessing all its Data processed in relation to the Services provided by the Company,
• rectifying, updating and deleting his/her Data in relation to the Services provided by the Company,
• subject to giving evidence of their identity to the Company and when this is technically possible, requesting the portability of the only personal data that he/she has provided to the Company. Analyses performed by the Company on these data are not included in the data provided to the Company,
• providing the Company with instructions related to the outcome of his/her Data after his/her death.
In the case of use of the right to objection by the User, the Company will stop processing the User’s Data, except in the case of legitimate and essential grounds for the processing, or to ensure the acknowledgement, use or defence of its rights in court, in accordance with the General Regulation on Data Protection. Where appropriate, the Company will inform the User of the grounds for which the User’s rights may not be totally or partially applied.
b) Methods of implementing the User’s rights
In order to use his/her rights, the User must simply send a letter to the Company using the address details indicated in article 1.2 of the GTU or contact the Company via the “Contact us” section, enclosing proof of identity with his/her request (indicate surname, first name, email address) – in accordance with Chapter III of the General Regulation on Data Protection.
10.3 SECURITY AND ARCHIVING OF THE USER’S PERSONAL DATA
The Company collects and processes the Data using the greatest confidentiality and security, in accordance with the laws applicable to the Company.
The Company undertakes to take all reasonable measures required for ensuring the security and protection of the Data of the Users of its Website and/or the Application and its Services, collected and processed by it (in particular firewall, physical access control to the data centre, authorisations, etc.).
10.4 DISPUTE SETTLEMENT REGARDING THE PROCESSING OF DATA
In the event of dispute between the Company and the User regarding the processing of the Data, the User may send his/her claim to the Company by contacting it using the address details indicated in article 1.2 of the GTU. The Company will endeavour to find a satisfactory solution for the User, to ensure that the application regulations are respected.
In the absence of a reply from the Company or if the dispute continues despite the proposal from the Company, the User may, in accordance with the provisions of the General Regulation on Data Protection, bring a claim before the Commission Nationale de l’Informatique et des Libertés (National Data Protection Agency) or the authority in charge of data protection in the EU Member State in which the User generally lives.
11. NEWSLETTER AND ALERTS
In order to keep the User informed of the Company’s news and advantages from which he/she may benefit, the latter may receive commercial information from the Company electronically (email, sms, etc.). If the User does not wish to receive offers and information from the Company, he/she may refuse the messages by specifying this, at any time, from the “Subscriptions” section of his/her account and clicking on the “unsubscribe” hypertext link at the bottom of each electronic message received.
The User may personalise the reception of newsletters and manage alert subscriptions that he/she wishes to receive upon creating his/her account or by going to his/her account, section “Subscriptions”. The User then has the possibility of selecting the alerts and newsletters of interest to him/her from the various categories. The User may stop the sending of newsletters and alerts at any time by going to his/her account.
If the User does not make a selection and has not specified any refusal upon creating his/her account, he/she may receive information on the news involving the Company and newsletters and alerts regarding similar products and services to those already consulted by the User on the Website and/or Application.
13. USE OF MONITORING TECHNOLOGIES (WEBSITE AND/OR APPLICATION)
As part of the availability of the Services for the User, the Company uses the technologies detailed in this article, of which the User is completely informed.
All of the data collected in relation to the use of the Services, the Website and/or Application are processed by the Company and the parties indicated in Article 10.1 e) located within and outside of the European Union, in particular with a view to performing and providing the Services, in accordance with the rules stipulated by the French IT and Freedom law and the General Regulation on Data Protection. These data will be processed with a view to monitoring the Website and the Application, in accordance with the provisions below.
Access or use of all or part of the Services implies the unrestricted and unreserved acceptance of these various technologies by the User.
a) Use of monitoring technologies on the Website and Application
The Company uses:
• the OMNITURE ADOBE ANALYTICS tool (Adobe Systems Incorporated - 345 Park Avenue, San Jose, California 95110-2704 USA) in order to assist the Company in understanding how the Website and Application are used via the cookies and to improve their content and marketing campaigns accordingly.
• the MEDIAMETRIE tool (70 rue Rivay - 92532 LEVALLOIS CEDEX - France) in order to assess the visitors to its Website and Application,
• the AVATAG tool by TESSARINE (91 rue du Faubourg Saint Honore - 75008 PARIS – France) in order to analyse and assess the conduct of the Users on the Website and Application,
• the DOUBLECLICK FOR PUBLISHERS tool from GOOGLE (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) in order to manage publicity on the Website and Application.
b) Use of monitoring technologies on the Application
The Company uses :
• the CRASHLYTICS analysis program (1 Kendall Square, Cambridge, MA 02139, USA). Crashlytics collects the data regarding the use of the Application, in particular as regards breakdowns and system bugs. The information on the device used or the version of the Application installed, and other information will be used in order to correct the bugs, mainly as regards the software and User’s equipment. The User may find more information on this matter in the Crashlytics confidentiality policy: https://try.crashlytics.com/terms/privacy-policy.pdf,
• the ACCENGAGE program (31, rue du 4 Septembre - 75002 Paris – France) in order to manage and analyse the routing campaigns of notifications and displays of in-app publicity banners. The User may find more information on this matter in the ACCENGAGE confidentiality policy: https://www.accengage.com/privacy-policy/,
• the FIREBASE program (I22 4th St. Suite 1000 (10th Floor), San Francisco, CA 94103, USA) in order to monitor and analyse the Application’s uses. The User may find more information on this matter in the FIREBASE confidentiality policy: https://www.firebase.com/terms/privacy-policy.html,
• the XAMARIN program (1355 Market St, 3rd Floor, San Francisco CA 94103 - USA) enabling to create applications by using the C# language. The User may find more information on this matter in the XAMARIN confidentiality policy: https://privacy.microsoft.com/en-us/privacystatement,
• the HOCKEY APP program (Microsoft Corporation - One Microsoft Way - Redmond, Washington 98052-6399 USA) in order to improve its services and detect bugs on its Application. The User may find more information on this matter in the HOCKEY APP confidentiality policy: https://privacy.microsoft.com/en-us/privacystatement,
• the TUNE program (Tune, Inc.2200 Western Avenue, Suite 200 Seattle, WA 98121 USA) in order to understand and analyse the performance results of the Application. The User may find more information on this matter in the TUNE confidentiality policy: https://www.tune.com/resources/data-and-privacy/privacy-policies,
14. CONNECTION VIA SOCIAL MEDIA (Facebook Connect and Google +)
The Facebook Connect and Connection via Google + functions enable the Users to connect to the Application using their Facebook or Google + accounts.
When the Users connect to our Website and/or Application using their Facebook or Google + accounts, the Company may have access to certain information that you have entered on Facebook or Google +, in order to provide them with a personalised and social experience.
An authorisation to have access to their profile data (profile, contacts, contact details, etc.) and to share their activities with Facebook or Google + will be asked from them.
The access by the Company to the data of Facebook or of Google + and the use made of this are limited; in particular, the Company only uses the data strictly necessary for running the Application.
The User is informed, via the Application, of the data used and the way in which they are used, displayed, shared or transferred.
If the User connects to the Website and/or the Application by using his/her Facebook or Google + identifiers and if his/her friends also connect to their account on the Website and/or Application, they will know that the User has an account with the Company, unless the User has chosen not to be visible for his/her friends on other websites.
The User may decide which type of information his/her friends may access by configuring his/her account in the Applications section of the Facebook website.
When visiting our website, information may be recorded in “cookie” files installed on your computer, tablet or mobile telephone.
This page will help you to understand what a cookie is, what it is used for and how to configure it.
1. WHAT IS A COOKIE?
A cookie is a text file that may be recorded, subject to your choices, in a dedicated space of the hard drive of your device, when consulting an online service using your browsing software.
A cookie file enables its issuer to identify the device on which it is recorded, throughout the cookie’s validity period.
2. WHAT ARE THE COOKIES ISSUED ON OUR WEBSITE USED FOR?
The cookies used on our website enable to identify the services and sections that the user has visited and, more generally, the user’s conduct in terms of visits.
This information is useful in order to provide a better personalisation of the services, content, offers and banners that are shown on our website and to facilitate browsing on our website.
Cookies are also necessary for the correct operation of certain services or for audience rating purposes.
Cookies may also be included in advertising areas of our website. Some anonymous information may be sent to third parties to enable them to adapt their content.
2.1 Cookies that we issue on our website :
When you connect to our website, we may be required, subject to your choices, to install various cookies on your device enabling us to recognise your device’s browser during the validity period of the cookie in question.
The cookies that we issue are used for the purposes described below, subject to your choices, as a result of the parameters of your browsing software used when visiting our website.
The cookies enable us to : 1. Facilitate your browsing on our website :
• by adapting the presentation of our website to your device’s display preferences (language used, display resolution, operating system used, etc.) during your visits to our website, depending on the visualisation or consultation equipment and software that your device has,
• by memorising the information related to a form that you have completed on our website (registration or access to your account) or to products, services or information that you have chosen on our website (service used, content consulted, etc.),
• by enabling you to have access to reserved and personalised areas of our website, such as your account, through usernames or data that you may have provided to us previously
• by implementing security measures.
2. Improve our services:
These cookies enable to draw up statistics and volumes of visits and use of the various elements making up our website (sections and content visited, browsing patterns, ...) in order to improve the interest and ergonomics of our services.
3. Adapt the publicity offered on our website:
• by counting the total number of advertisements displayed by us on our advertising areas, to identify these advertisements, the number of users having clicked on each advertisement and to draw up statistics, • by adapting our advertising areas to your device’s display preferences (language used, display resolution, operating system used, etc.), depending on the visualisation or consultation equipment and software that your device has, • by adapting the publicity content displayed on your device depending on the browsing of your device on our website,
• by adapting, where appropriate, the publicity content displayed on your device according to the location data transferred by your device with your prior consent and
• by adapting the publicity content displayed on your device depending on the personal data that you have provided to us.
2.2. The cookies issued on our website by third parties:
You may use your rights in relation to the applicable regulations or make a claim directly to the third party in question.
a) Due to third-party applications included in our website
We may include computer applications (“plug-ins”) from third parties in our website/application, which enable you to share content from our website with other persons or inform these other persons of your visit or your opinion regarding content from our website/application. This is in particular the case for the “Share”, “Like” buttons from social media sites such as “Facebook”, “Twitter”, “LinkedIn”, etc.
The social media site providing such a button may identify you through this button, even if you have not used this button when consulting our website/application. Indeed, this type of button may enable the social media site in question to monitor your browsing on our website, due to the simple fact that your account on the social media site was active on your device (open session) while you were browsing on our website.
If you do not want social media to publish your actions from plug-ins in your accounts on social media sites, you should sign out from your social media sites before browsing on our website/application.
b) Through third-party content shown in our advertising areas
The publicity content shown on our website may contain cookies issued by third parties: either the advertiser providing the publicity content in question or another third-party company (communications advisory agency, audience rating company, targeted publicity service provider, etc.), which has associated a cookie with the publicity content of an advertiser.
Where appropriate, the cookies issued by these third parties may enable them, throughout the validity period of these cookies:
• to count the number of displays of publicity content shown on our advertising areas, to identify the advertisements thus shown, the number of users having clicked on each advertisement, enabling them to calculate the amounts owed due to this and to draw up statistics,
• to recognise your device on its future browsing on any other website or service on which these advertisers or third parties also issue cookies and, where appropriate, to adapt these websites and third-party services or the advertisements that they display, to your device’s browsing.
c) By our advertising management firm using our advertising areas
Our website’s advertising areas may be used by our internal advertising management firm and, where appropriate, contain cookies issued by it.
Where appropriate, the cookies issued enable us, throughout the validity period of these cookies :
• to count the total number of advertisements displayed on our advertising areas, to identity these advertisements, their number of respective displays, the number of users having clicked on each advertisement and, where appropriate, the later action performed by these users on the pages to which these advertisements lead, in order to calculate the amounts owed to the members of the publicity supply chain (advertiser, communications agency, advertising management firm, display website/medium) and to draw up statistics,
• to adapt the advertising areas to meet with your device’s display preferences (language used, display resolution, operating system used, etc.), according to the visualisation or consultation equipment and software that your device has,
• adapt the publicity content displayed on your device via our advertising areas according to the browsing of your device on our website,
• adapt the publicity content displayed on your device via our advertising areas according to previous or later browsing of your device on third-party websites in which the management firm also issues cookies, subject to these cookies having been recorded on your device in accordance with the choices that you have made in relation to the advertising management firm,
• to adapt the publicity content displayed on your device through our advertising areas according to the location data (longitude and latitude) provided by your device with your prior consent and
• to adapt the publicity content displayed on your device in our advertising areas according to the personal data that you may have provided.
3. TERM OF VALIDITY OF THE COOKIES
The cookies that we issue are configured for a validity period of 13 (thirteen) months.
4. YOUR CHOICES REGARDING THE COOKIES
If you do not accept the recording of cookies on your device, or if you delete those that are recorded on it, it is possible that you may no longer benefit from a certain number of functions required for browsing certain parts of our website.
This would be the case if you were to attempt to access our content or services which require that you identify yourself.
This would also be the case when we – or our service providers – may not recognise, for technical compatibility purposes, the type of browser used by your device, its language and display parameters or the country in which your device appears to be connected to the internet.
Where appropriate, we decline all liability for the consequences related to reduced functions in our services as a result of the impossibility for us to record or consult the cookies required for their operation and that you have refused or deleted.
You may choose at any time to put forward and alter your choices in terms of cookies, using the means described below.
4.1. Blocking a cookie through your browsing software
You may configure your browsing software so that the cookies are recorded on your device or, on the contrary, are blocked, either systematically or depending on their issuer. You may also set your browsing software so that the acceptance or blocking of cookies is offered to you each time, before a cookie may be recorded on your device.
In order to manage the cookies and your choices, setting up each browser is different. It is described in your browser’s help menu, which will enable you to know how to alter your choices in terms of cookies.
For more information : http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/
For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies
For Safari : https://www.apple.com/legal/privacy/fr-ww/cookies/
For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en
For Opera™ : http://help.opera.com/Windows/10.20/fr/cookies.html
The "Flash"© cookies of "Adobe Flash Player"™
"Adobe Flash Player"™ is a computer application which enables the quick development of dynamic content using “Flash” IT language. Flash (and the applications of the same type) memorise the parameters, preferences and use of these contents with similar technology to cookies. However, "Adobe Flash Player"™ manages this information and your choices via a different interface from that provided by your browsing software.
As your device may visualise content developed with the Flash language, we suggest that you access your Flash cookies management tools directly at http://www.adobe.com/fr/support/flashplayer/ts/documents/52697ee8.htm
4.2. Blocking a publicity cookie
You can manage the use and operation of these cookies by going to the publicity cookies management platforms offered by publicity professionals : http://www.youronlinechoices.com/fr/controler-ses-cookies/ and by following the instructions given there. You may thus find out about the companies registered on this platform, which offer you the possibility of blocking or accepting the cookies used by them in order to adapt the advertisements likely to be displayed to your browsing information.
4.3. Blocking a cookie issued by a social media site:
If you do not wish for our website to record cookies issued by a social media site, you can click on the following deactivation links which will record a cookie within your browser aiming solely at deactivating them. Deactivating these cookies will therefore prevent any interaction with the social network(s) in question:
• FACEBOOK : https://www.facebook.com/help/360595310676682/
• TWITTER : https://support.twitter.com/articles/20171379-twitter-prend-en-charge-la-desactivation-du-suivi-dnt#
• GOOGLE + : https://support.google.com/accounts/answer/61416?hl=fr
• LINKEDIN : http://www.linkedin.com/legal/cookie-policy
• YAHOO : https://info.yahoo.com/privacy/us/yahoo/cookies/
• YOUTUBE : https://support.google.com/accounts/answer/61416?hl=fr
For more information about cookies https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser