Legal notice

Definitions

Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site covered by these general terms and conditions.

Services and Offerings: https://www.etic-france.com makes available to Clients:

Content: All the elements making up the information on the Site, in particular text, images and videos.

Client information: Hereinafter referred to as “Information”, corresponding to all the personal data that may be held by https://www.etic-france.com for the management of your account, customer-relationship management and for analysis and statistical purposes.

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

Personal information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of French Act No. 78-17 of 6 January 1978).

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

1. Presentation of the website.
Pursuant to Article 6 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://www.etic-france.com are informed of the identity of the various parties involved in its creation and monitoring:

Owner: SARL Franck Delrieux – Share capital of €100,000 – VAT number: FR 68 449 551 886 – 805, avenue Guillibert de la Lauzière PICHAURY II – Les Milles 13856 AIX EN PROVENCE Cedex 3

Publication manager: ETIC – etic@etic-france.com

The publication manager is a natural person or a legal entity.

Webmaster: Atelier Majelan – contact@atelier-majelan.com

Graphic design: ETIC FRANCE

Host: Jaguar Network – 71 av. André Roussin 13016 Marseille +33 4 42 59 60 50

Data Protection Officer: ETIC – etic@etic-france.com

This legal notice is based on the template provided by the free legal-notice generator for websites.

2. General terms of use of the site and the services offered.
The Site is an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.

Use of the site https://www.etic-france.com implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the site https://www.etic-france.com are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, https://www.etic-france.com may decide to interrupt it for technical maintenance, in which case it will endeavour to inform users beforehand of the dates and times of the work. The website https://www.etic-france.com is updated regularly by the party responsible for https://www.etic-france.com. Likewise, the legal notice may be amended at any time: it is nonetheless binding on the user, who is invited to refer to it as often as possible.

3. Description of the services provided.
The purpose of the website https://www.etic-france.com is to provide information about all of the company’s activities. https://www.etic-france.com endeavours to provide information on the site https://www.etic-france.com that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or failures to update, whether on its own part or that of the third-party partners who provide it with this information.

All information provided on the site https://www.etic-france.com is given for guidance only and is subject to change. Furthermore, the information on the site https://www.etic-france.com is not exhaustive. It is provided subject to any changes made since it was published.

4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held liable for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using up-to-date equipment that is free of viruses and with an up-to-date, latest-generation browser. The site https://www.etic-france.com is hosted by a provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The aim is to provide a service that ensures the best possible level of accessibility. The host ensures continuity of its service 24 hours a day, every day of the year. It nonetheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, infrastructure improvements, infrastructure failure, or if the Services generate traffic deemed abnormal.

https://www.etic-france.com and the host cannot be held liable in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and infringement.
https://www.etic-france.com owns the intellectual property rights and holds the usage rights to all elements accessible on the website, in particular the text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by whatever means or process, is prohibited without the prior written authorisation of: https://www.etic-france.com.

Any unauthorised use of the site or of any of the elements it contains will be considered as infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of liability.
https://www.etic-france.com acts as the publisher of the site. https://www.etic-france.com is responsible for the quality and accuracy of the Content it publishes.

https://www.etic-france.com cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the website https://www.etic-france.com, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the appearance of a bug or an incompatibility.

https://www.etic-france.com also cannot be held liable for indirect damage (such as, for example, a loss of business or loss of opportunity) resulting from the use of the site https://www.etic-france.com. Interactive areas (the possibility of asking questions in the contact area) are available to users. https://www.etic-france.com reserves the right to remove, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://www.etic-france.com also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).

7. Management of personal data.

The Client is informed of the regulations concerning marketing communication, the Act of 21 June 2014 on confidence in the digital economy, the Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Parties responsible for collecting personal data

For the Personal Data collected as part of the creation of the User’s personal account and their browsing on the Site, the controller of the Personal Data is: ETIC. https://www.etic-france.com is represented by ETIC, its legal representative.

As the controller of the data it collects, https://www.etic-france.com undertakes to comply with the applicable legal framework. It is the Client’s responsibility, in particular, to establish the purposes of its data processing, to provide its prospects and customers, having collected their consent, with complete information on the processing of their personal data, and to maintain an accurate record of processing activities. Each time https://www.etic-france.com processes Personal Data, https://www.etic-france.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.etic-france.com processes it.

7.2 Purpose of the data collected

https://www.etic-france.com may process all or part of the data:

to enable browsing on the Site and the management and traceability of the services ordered by the user: connection and usage data for the Site, billing, order history, etc.

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

to improve browsing on the Site: connection and usage data

to carry out optional satisfaction surveys on https://www.etic-france.com: email address

to run communication campaigns (SMS, email): telephone number, email address

https://www.etic-france.com does not sell your personal data, which is therefore used only out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with the applicable European regulations, Users of https://www.etic-france.com have the following rights:

the right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of Users’ data; the right to block or erase Users’ personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous or outdated, or whose collection, use, disclosure or storage is prohibited

the right to withdraw consent at any time (Article 13-2c GDPR)

the right to restrict the processing of Users’ data (Article 18 GDPR)

the right to object to the processing of Users’ data (Article 21 GDPR)

the right to portability of the data that Users have provided, where this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)

the right to determine what happens to Users’ data after their death and to choose to whom https://www.etic-france.com must (or must not) disclose their data, to a third party they have designated in advance

As soon as https://www.etic-france.com becomes aware of a User’s death and in the absence of instructions from them, https://www.etic-france.com undertakes to destroy their data, unless its retention proves necessary for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how https://www.etic-france.com uses their Personal Data, to request its rectification or to object to its processing, the User may contact https://www.etic-france.com in writing at the following address:

ETIC – DPO, ETIC

805, avenue Guillibert de la Lauzière PICHAURY II – Les Milles 13856 AIX EN PROVENCE Cedex 3.

In this case, the User must indicate the Personal Data they would like https://www.etic-france.com to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests to delete Personal Data will be subject to the obligations imposed on https://www.etic-france.com by law, in particular regarding the retention or archiving of documents. Finally, Users of https://www.etic-france.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://www.etic-france.com refrains from processing, hosting or transferring the Information collected about its Clients to a country outside the European Union or recognised as “inadequate” by the European Commission without first informing the client. However, https://www.etic-france.com remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://www.etic-france.com undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information comes to the attention of https://www.etic-france.com, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://www.etic-france.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of https://www.etic-france.com and subcontractors (service providers), solely in order to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes mentioned above, the main people likely to have access to the data of Users of https://www.etic-france.com are mainly the agents of our customer service department.

8. Incident notification
Despite all efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify the users concerned so that they could take appropriate action. Our incident-notification procedures take account of our legal obligations, whether at national or European level. We undertake to fully inform our customers of all matters relating to the security of their account and to provide them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information of the user of the site https://www.etic-france.com is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the acquisition of https://www.etic-france.com and its rights would allow such information to be transmitted to the potential purchaser, who would in turn be bound by the same obligation to retain and modify the data with respect to the user of the site https://www.etic-france.com.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.etic-france.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, https://www.etic-france.com takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, “cookies” and Internet tags
The site https://www.etic-france.com contains a number of hyperlinks to other sites, set up with the authorisation of https://www.etic-france.com. However, https://www.etic-france.com is not able to check the content of the sites thus visited, and will therefore accept no liability in this respect.

Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time, free of charge, using the deactivation options offered to you and set out below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. “COOKIES”

A “cookie” is a small information file sent to the User’s browser and stored on the User’s device (e.g. computer, smartphone) (hereinafter “Cookies”). This file 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 cannot in any way damage the User’s device.

https://www.etic-france.com may process the User’s information concerning their visit to the Site, such as the pages viewed and the searches carried out. This information enables https://www.etic-france.com to improve the content of the Site and the User’s browsing experience.

As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User can configure their browser to allow them to decide whether or not to accept them, so that Cookies are stored on the device or, conversely, rejected, either systematically or according to their sender. The User can also configure their browsing software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be stored on their device. https://www.etic-france.com informs the User that, in this case, not all the features of their browsing software may be available.

If the User refuses to allow Cookies to be stored on their device or browser, or if the User deletes those already stored, the User is informed that their browsing and experience on the Site may be limited. This could also be the case where https://www.etic-france.com or one of its providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the Internet.

Where applicable, https://www.etic-france.com accepts no liability for the consequences of the degraded operation of the Site and of the services that may be offered by https://www.etic-france.com, resulting from (i) the User’s refusal of Cookies or (ii) the impossibility for https://www.etic-france.com to store or read the Cookies necessary for their operation as a result of 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 explain how the User can change their preferences regarding Cookies.

At any time, the User can choose to express and change their preferences regarding Cookies. https://www.etic-france.com may also use the services of external providers to help it collect and process the information described in this section.

Finally, by clicking on the social-media icons for Twitter, Facebook, LinkedIn and Google Plus on the Site of https://www.etic-france.com or in its mobile application, and if the User has accepted the placing of cookies by continuing to browse the website or mobile application of https://www.etic-france.com, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices provided that you consent to them by continuing to browse the website or mobile application of https://www.etic-france.com. At any time, however, the User can withdraw their consent to https://www.etic-france.com placing this type of cookie.

Article 9.2. INTERNET TAGS

https://www.etic-france.com may occasionally use Internet tags (also known as “tags”, or action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a web-analytics partner that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in the online advertisements that allow Internet users to access the Site, and on the various pages of the Site.

This technology allows https://www.etic-france.com 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 viewed), as well as the User’s use of this Site.

The external provider may collect information about visitors to the Site and other websites through these tags, produce reports on the Site’s activity for https://www.etic-france.com, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the site https://www.etic-france.com is subject to French law. Except where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Aix-en-Provence.