The Service Provider attests to implement in good faith the necessary means to respect your privacy, via in particular this policy of confidentiality, which it recommends to read attentively. It is accessible on the Site at any time.
Article 1. Definitions
The Website: the website accessible at www.ma-gestion-cloud.fr as a whole.
The Provider: the company OAS Services, owner, publisher and sole representative of the Site, the brand and the commercial sign « Ma Gestion Cloud ».
The Contract / CGUS: the entire indivisible contract governing entirely and exclusively the use of the Site by all users, also called « CGUS » or « Contract ». It is accessible by clicking here.
The User: any natural person with full legal capacity who browses the Site and / or uses its features, under its sole responsibility.
The Customer: any User who makes a purchase of products and / or services on the Site.
The Parties: together designate the Provider and the User / Customer having consented to this Contract.
Third party: any person not party to this Agreement.
Product (s): any type of material, physical or dematerialized, that may be offered to the Client by the Service Provider in the context of its activity.
Service (s): refers to all services offered by the Service Provider via the Site.
Information: all information published on the Site by the Provider.
Multimedia Content: all content, information and data provided by the User and / or the Customer and intended to fill his profile on the Site.
Article 2. Certificate of declaration
. The collection and processing of personal data made in connection with the use of the Site has been declared validly to the CNIL under the number 2096451 v 0, under the responsibility of Mr. Olivier Andrade Sanchez, on behalf of the company OAS Services , designated in the Legal Notice.
Article 3. Purpose and purpose of the collection
. Data processing is performed for the purpose of optimizing the management of relations with Users and Customers, and the technical efficiency of the use of the Site, which may include: consultation, registration, subscription, purchase , contacts.
. Also, and in a transparent and explicit way, the collection and the processing of data realized can have as end the sending of news letters (newsletters) and / or commercial solicitations, provided that the User agrees in a non equivocal via the filling of a compulsory check box when the information is entered on the Site (either via the registration procedure, the subscription of Services, the purchase of Products, or the use of any other functionality of the Site) .
Article 4. Consent of the User
. The Service Provider attests that at no time and in any way, direct or indirect, it collects data without informing the User / Customer or without obtaining his consent.
. The consent of the User is explicitly collected by the filling of a check box (optin) when he opens an online account, subscribes to Services, or buys Products from the Provider.
Article 5. Content of the collection
Article 5.1. Data collected in case of consultation of the Site
. When the User / Customer only consults the information pages, the Provider collects by default only the data strictly necessary for the consultation: data relating to the IP address (identification of the internet connection and the terminal), the pages consulted, as well as all types of data accessible via a basic Google Analytics, concerning the possible interactions between the User and the Site, and allowing the analysis and measurement of the audience of the Site.
Article 5.2. Data collected when using the features of the Site
. The content of the data processing performed on the Site varies according to the uses of the latter, and can gather the following information: valid email address, first and last name, telephone, billing and delivery addresses (email or postal); bank details; professions performed, business name, Siret number, KBis or declaration of activity or document attesting to a legal status; age ; the subject of the message and a free text field.
. The mandatory or optional nature of the information of an information varies according to the use of the Site, and is indicated directly online if necessary.
. When registering, the User chooses a unique identifier and a password, which the User agrees to keep and use under his own responsibility. In case of loss of his username and / or password, it is possible to use the password recovery procedure set up directly on the Site, by filling in the valid and known email address of the system. .
. The User agrees to provide only complete, accurate and valid information. The Service Provider can not bear the responsibility for the non-compliance with these obligations by the User, and reserves the right to carry out any useful verifications, including requesting additional supporting documents.
. Similarly, the User acknowledges that his failure to fill in the mandatory information validly allows the Service Provider to refuse, suspend or terminate any service provided to the latter on the basis of said information.
. All information collected will be used only to track the volume, type and configuration of traffic passing through the Site, to develop the design and layout and more generally to improve the navigation and use of the Site.
. Cookies do not collect personal data to identify you, either on hard disk or online, and the information collected is anonymous or anonymized.
. These cookies are stored in and managed by your own internet browser. If you wish to refuse these cookies, please consult the privacy settings of your internet browser.
. The Service Provider recommends a personal configuration on the part of the User accepting said cookies and thus promoting the consultation and use of the Site.
. The User is free to choose in his browser settings whether he wants to accept cookies or not; if he does not accept them, he admits that he can not seek the liability of the Service Provider because of his own difficulties of navigation, possibly making it difficult or impossible to use the Site as a whole.
Article 7. Interactivity with Third Party Sites and Third Party Applications
. It is possible for any User to interact by clicking on buttons representing third-party sites and applications (in particular via the social networks buttons, the sites belonging to the Service Provider, any third-party service providers and / or partners and / or subcontractors of the service provider. providers).
. The User acknowledges that this action has the effect of transferring information to the Provider, and / or to the third party sites concerned, and that he is responsible for his contractual relations with the latter (profile, parameters, etc.) concerning the transferred data. , collected and processed by said third parties. In no event shall the Service Provider be liable for any damage resulting from the use of this process in respect of the User and said third parties.
Article 8. Safe treatment
. The Service Provider undertakes to take all necessary precautions to preserve the security and confidentiality of the processing and the data collected, while respecting the physical and logical security standards (protection of the premises, protection of the servers, etc.) which are its responsibility , regarding the navigation, registration, subscription and use of the Site in general, and excluding any obligation of backup and / or security which are placed under the responsibility of the provider in charge of hosting ( Sysnove) data entered in the account of the Users / Customers (see in this regard the TOS of the Provider).
. In particular, the Service Provider implements, as a website publisher and responsible for the security of the navigation and the use of the Site themselves, measures that prevent the processed data from being distorted. , damaged or unauthorized third parties have access, including by controlling access to processing and by securing any data communications (protocol Https, SSL certificate, etc.).
. Any information accessible on the Internet via an outgoing link to the Site is not under the control of the Provider who declines all responsibility for its content.
Article 9. Confidentiality of treatment
. The Service Provider does not communicate any personal data, of any kind, to which they have access, collected during the use of the Site as a whole, to any third party whatsoever and in any form whatsoever, with the legitimate exception , and in strict confidence, the persons mentioned below:
– the possible salaried staff of the Service Provider;
– The technical service provider (s) responsible for the maintenance of the Site, the hosting of data, partners and / or subcontractor of the Service Provider, as well as third parties authorized by law (in particular express and reasoned request by judicial authorities, accounting authorities, etc.).
– The person (s) possibly in charge of the Provider’s accounting, including as a possible external service provider.
. The User is aware and admits without reservation that the use of the Site as a whole may have the effect of automatically transferring, without the possible intervention of the Provider, certain connection data (pages visited, operating systems, languages, countries, etc.), to the third party provider (s) responsible for the services enabling the Service Provider to collect and process its own data (in particular Google Analytics).
Article 10. Data retention and deadlines
. The data collected is valid for the duration of the commercial relationship between the Parties.
. The retention periods for the data collected vary according to the type of data, subject to different legal and regulatory requirements (allowing longer retention or, on the contrary, requiring their deletion). It corresponds in any event to the need to fulfill their contractual obligations by the Parties.
. The indicated retention periods start from the end of the commercial relationship. They are set at thirteen (13) months concerning connection data and potential audience measurement (including cookies), fifteen (15) months for bank details, and a maximum of three (3) years for other types of data.
. Exceptionally, the time limit applicable to the identity documents provided is one (1) year, except in case of exercise of the right of opposition by the User, reducing the period to three (3) years.
. Data retention is carried out for the purpose of improving the use of the Site, optimizing the commercial relationship, but also to guarantee the safety of navigation, and finally as proof of the commercial activities of the Service Provider.
. The Service Provider agrees, at the end of this period to renew the consent of the User to continue to use the data concerning him (Opt in), or during this period and upon request of the User, to cease the possible sending of newsletters and any commercial solicitations (Opt out).
. After this period, any archiving on a separate computer medium is authorized by law but can only be done for the purposes of proof and strictly limited access.
. The Service Provider undertakes to make any justified request for consultation, modification, opposition, and / or deletion of said data, by responding to these requests within thirty (30) calendar days of receipt of the request. These requests are made by email to the address firstname.lastname@example.org, and will be formalized by an email notifying the reception and the execution of the request.
. For security reasons and to avoid any fraudulent request, the Service Provider may validly demand that this application be accompanied by a proof of identity, which it will delete or destroy after processing of the application, subject to the application of a legal provision requiring archiving.
Article 11. Claims, Disagreements and Disputes
. In the absence of amicable resolution of possible conflicts, and express agreement between the Parties, disputes relating to the collection and processing of personal data via the Site, will be subject to the exclusive jurisdiction of the French courts, namely either the jurisdiction the place of the registered office of the Service Provider, ie the jurisdiction of the place of residence of the User at the time of the conclusion of this Contract or the occurrence of the harmful event.
This contract document was written by Dan Szwarc – Web & Ntic Jurist
Secure your web projects with the right contracts of an expert!
Last updated on 06/09/2017