Customer: Any professional or a natural person capable within the meaning of Articles 1123 of the Civil Code, or a legal person, who visits the Site which is the subject of these general conditions.
Benefits and Services: https://www.ecd.fr puts at the disposal of the Clients:
Content: All the element that provide information on this site, notably texts – images – videos.
Customer Information’s: Hereinafter referred to as « Information » Correspond to all the personal information that can be detained by ECD or the management of your account, the management of customers and for analytics and statistics purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: «The information allowing, directly or indirectly to identify any natural person or a legal entity » (article 4 of the law n° 78-17 of January 6, 1978).
The terms « Personal information », « concerned person », « sub-contractor» et « sensitive data» are defined by General Data Protection Regulation (GDRP: n° 2016-679)
1. Presentation of the website.
In accordance with article 6 of the law n° 2004-575 of June 21, 2004, for confidence in the digital economy, it is specified to the users of the website https://www.ecd.fr the identity of the various participants in its realization and its follow-up:
Owner: SARL ECD Share capital of 85 753 € VAT number: FR 1234 960 6624 – 14 rue de Mantes 92700 Colombes
Responsible for publishing: Romain BRETTE - email@example.com
The person responsible for publication is a natural person or a legal entity.
Webmaster: Alexandre GAROT - firstname.lastname@example.org
Host: SCALWAY - 64 rue Ernest RENAN 92000 NANTERRE
Data Protection Officer: Alexandre GAROT - email@example.com
2. General conditions of use of the site and the services offered.
The site constitutes a work of the mind protected by the dispositions of the Intellectual Property Code and applicable International Regulations. The client cannot in any way reuse, transfer or exploit for its own account all or a part of the elements or site work.
This site is normally accessible at any given moment by the users. An interruption for maintenance purposes can be decided by ECD, which will then endeavour to communicate beforehand to users. The website: https://www.ecd.fr is regularly updated by ECD. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed on the user who is invited to refer to them as often as possible to be aware of them.
3. Description of services provided.
The internet site https://www.ecd.fr goal Is to give information about all the activities of the ECD company. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information.
All the information on the site https://www.ecd.fr is given as an indication. In addition, the information on the site https://www.ecd.fr is not exhaustive. They are given under reserve of modifications having been made since their setting online.
4. Contractual limitations on technical data.
The objective is to adopt a prestation that ensure the best level of accessibility. The host ensures the continuity of the service 24h/24, every day of the year. Nevertheless, it reserves the right to interrupt the hosting service for the shortest possible period, for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures or if the services generate a traffic deemed abnormal.
Nevertheless, it reserves the right to interrupt the hosting service for the shortest possible period, for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures or if the services generate a traffic deemed abnormal. ECD and the host cannot be held responsible in case of Internet network malfunction, phone lines or computer and telephone equipment related to notably the network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
ECD Is the owner of the intellectual property and hold the right of use on all the accessible elements on the website, notably texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or procedure use, is forbidden, except any prior written authorization by ECD.
Any unauthorized exploitation of the site or of any of its elements will be considered as a counterfeit and will be sued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
ECD act as an editor of the site. ECD is responsible of the quality and the veracity of the Content it publishes.
ECD cannot be held responsible of the direct or indirect damages caused to the user’s equipment, when accessing the website https://www.ecd.fr, resulting of the use of an equipment that does not correspond to the indicated specification of the 4th section, or the appearance of a bug or an incompatibility.
ECD cannot be held responsible of the indirect damages (such as a market loss or the loss of an opportunity) Following the use of the site https://www.ecd.fr.
Interactive spaces (possibility of ask questions in the contact space) are available to users. ECD reserves the right to remove, without any prior notice, any content filed within that space that, would contravene the legislation applicable in France, especially the data protection provisions.
If applicable, ECD reserve also the possibility to question the civil and / or criminal liability of the user, notably in case of message of racist, injurious, defaming, or pornographic nature regardless of the used support (text, photos…).
7. Personal data management.
The client is informed of the regulations regarding the marketing communication, according to the law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDRP: n° 2016-679).
7.1 Persons responsible for the collection of personal data
The personal data collected within the framework of the creation of the user’s personal account, and his navigation on the site, the person responsible of the personal data is Alexandre GAROT – firstname.lastname@example.org. ECD is represented by Romain BRETTE its legal representative.
As the controller of the data it collects, ECD undertakes to respect the legal provisions in force. It is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with the reality. Whenever ECD processes Personal Data, ECD takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which ECD processes it.
7.2 Purpose of the collected data
ECD may process all or part of the data:
to allow the navigation on the site as well as the management and the trackability of the site services ordered by the user: data of connection and use of the Site, invoicing, history of the orders, etc.
- to prevent and fight against computer fraud (spamming, hacking…): informatically equipment use for navigation, IP address, password (hash).
- to improve onsite navigation: connection and usage data
- to conduct optional satisfaction surveys on https://www.ecd.fr: e-mail address
- to conduct communication campaigns (SMS, mail) phone number, e-mail address.
ECD does not sell your personal data, which is therefore only used for statistical and analytical purposes.
7.3 Right of access, rectification, and opposition
According to the European legislation in force, the users of https://www.ecd.fr are granted the following rights:
- Access rights (GDPR 15th) and rectification (GDRP 16th article), the right to update, complete, block or delete Users' personal data (article 17 of the RGPD), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited.
- the right to withdraw consent at any time (Article 13-2c GDPR)
- the right to limit the processing of Users' data (Article 18 GDPR)
- right to Object to the processing of User' data (Article 21 RGPD)
- the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (article 20 RGPD)
- the right to define the fate of Users' data after their death and to choose to whom ECD will communicate (or not) their data to a third party that they have previously designated
As soon as ECD learns the death of one of its user, in the absence of instructions from him ECD undertakes to destroy its data, unless their conversation is necessary for probatory purposes or to respond to a legal obligation.
If the user wants to know how ECD use its data, ask to change them, or oppose their treatment, the user can contact ECD per text at the following address:
14 rue de Mantes 92700 Colombes
In that case, the user must indicate which personal data he wants ECD to correct, update or suppress, and identify himself precisely with a photocopy of an identity document (Identity card or passport)
The suppression of the collected personal data will be submitted to the obligation that are imposed on ECD by law, notably regarding the retention or archiving of documents. Finally, the users of https://www.ecd.fr may file a complaint with the supervisory authorities, including the CNIL (ecd.fr/fr/nous-contacter).
7.4 non-disclosure of personal data
ECD will not process, host, or transfer the Information collected about its customers to a country outside the European Union or recognized as "not adequate" by the European Commission without prior notice to the Customer. However, ECD remains free to choose its technical and commercial subcontractors if they present sufficient guarantees about the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).
ECD undertakes to take all necessary precautions to preserve the security of the Information and to ensure that it is not communicated to unauthorized persons. However, if an incident impacts the integrity or the confidentiality of the customer information is brought to ECD’s attention, this one will have to inform the Customer as soon as possible and communicate to him the measures of correction taken. Furthermore, ECD does not collect any "sensitive data”.
User’s personal data can be use by ECD’s subsidiary and subcontractor (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://www.ecd.fr are mainly the agents of our customer service.
8. Notification of an incident
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guaranty an absolute security. If we were aware of a security breach, we will notice the concerned users so that they can take the appropriate actions. Our Incident reporting procedures consider our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the necessary information to help them.
No personal information of the user of the site https://www.ecd.fr is published without the user's knowledge, exchanged, transferred, ceded, or sold on any medium to third parties. Only the hypothesis of the repurchase of ECD and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the user of the site https://www.ecd.fr.
To ensure the security and confidentiality of Personal Data and Personal Health Information, ECD uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.
During the treatment of your personal information, https://www.ecd.fr will take all the reasonable measures to protect them again any lost, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links, cookies, and internet tags
The website https://www.ecd.fr contains numerous hypertext links toward other sites, established with ECD authorization. However, ECD cannot verify the content of the visited websites, and will not assume any responsibility as a result.
Unless you to deactivate them, you accept that the website can use them. You can also at any given moment deactivate those cookies freely, according to the deactivation options that are offer to you and recalled below, knowing that it can 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 send to the user’s navigator and stock inside the user’s terminal (ex: computer, smartphone), (hereinafter "Cookies"). This file contains information such as the name of the user domain, the user’s the User's Internet service provider, the User's operating system and the date and time of the access. The Cookies will in no way damage the User's terminal.
ECD is likely to process user’s information concerning the visit of the website, such as the consulted pages, the searches made. These information allow ECD to improve the content of the Site, the User's navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser to allow him to decide whether he wishes to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically, or according to their sender. The user can also configure its browser so that the acceptance or the refusal of the cookies be offered to him punctually before any cookie is likely to be stored in his terminal. ECD inform the user that in that case it is possible that some of his browser’s options may not be available.
If the User refuses the storage of Cookies in his terminal or browser, or if the User deletes those stored there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when ECD or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.
Where applicable, ECD declines all responsibility for the consequences related to the degraded functioning of the Site and of the services possibly proposed by ECD, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for ECD to record or to consult the Cookies necessary for their functioning because of the User's choice for the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to modify his wishes regarding Cookies.
At any time, the User can choose to express and modify his or her wishes about cookies. ECD may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to social medias Twitter, Facebook, Linkedin and Google plus listed on the Site https://www.ecd.fr and if the user accepted the deposit of cookies on the website or the mobile app https://www.ecd.fr Twitter, Facebook, Linkedin and Google plus may also deposit cookies on your terminals (computer, tablet, smartphone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the Website or the mobile application of https://www.ecd.fr. At any given moment, the user can nonetheless revoke his consent for https://www.ecd.fr to deposit this type of cookies.
Article 9.2. BALISES (“TAGS”) INTERNET
https://www.ecd.fr can also occasionally use internet tags (or action tags, Single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the related information, including the User's IP address) in a foreign country.
Those tags can also be placed in online publicities allowing Internet users to access the website, as well as on the different website pages.
This technology allows https://www.ecd.fr to evaluate the visitor’s responses toward the website and efficacity of its actions (such as the amount of time a page is open, and the information consulted)
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for https://www.ecd.fr, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the site https://www.ecd.fr is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Nanterre.