Definitions
Customer: any professional or natural person having capacity within the meaning of Articles 1123 and subsequent of the Civil Code, or legal entity, who visits the Website that is the subject of these general conditions.
Services: https://www.fergex.eu/ made available to Customers:
Content: All constituent elements of information present on the Website, including text – images – videos.
Customer information: Hereinafter called "Information" which corresponds to all personal data that may be held by https://www.fergex.eu/ for management of your account, management of customer relations and for the purposes of analyses and statistics.
User: Internet user connecting and using the aforementioned website.
Personal information: "Information that allows, in any form whatsoever, directly or otherwise, identification of the natural persons to which they apply" (Article 4 of Law n° 78-17 of January 6, 1978).
The terms "personal data", "person concerned", "subcontractor" and "sensitive data" have the meanings defined by the General Data Protection Regulation (GDPR: n° 2016-679)
1. Presentation of the website.
Under Article 6 of Law n° 2004-575 of June 21, 2004, on trust in the digital economy, the identity of various stakeholders involved in creation and monitoring of the website https://www.fergex.eu/ is stated to its users:
Owner: SA FERGEX Share capital of €536,000 VAT number FR6 417807807 – ZAE LES MOUILLES 74570 GROISY
Publication Manager: Dominique REVIL – dominique.revil@fergex.eu
The publication manager is a natural person or a legal entity.
Webmaster: SWAT – hello@swat.studio
Host: Agence Net Design – ZAC de Valparc, 74330 Poisy, FRANCE 74330 POISY +33 (0)4 50 244 244
Data Protection Officer: Dominique REVIL – dominique.revil@fergex.eu
These GDPR legal notices are issued by the free website legal notice generator
2. General conditions for use of the website and services offered.
The Website is an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may in no way reuse, assign or exploit for his own account all or part of the Website's elements or work.
The use of the https://www.fergex.eu/ website implies full and entire acceptance of the general conditions of use described hereafter. These conditions of use may be amended or supplemented at any time; users of the https://www.fergex.eu/ website are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption due to technical maintenance may however be decided by https://www.fergex.eu/ which will then endeavour to communicate with users ahead of time about the dates and times of the work. The website https://www.fergex.eu/ is regularly updated by the https://www.fergex.eu/ manager. Similarly, the legal notices may be amended at any time: they are nonetheless imposed on the user who is invited to refer to them as often as possible in order to be aware of them.
3. Description of services provided.
The purpose of the https://www.fergex.eu/ website is to provide information about all of the company's activities. https://www.fergex.eu/ strives to provide on the https://www.fergex.eu/ website information that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies and deficiencies in updates, whether by it or by its third party partners that provide such information.
All information indicated on the https://www.fergex.eu/ website are given for information only and are subject to change. In addition, the information on the https://www.fergex.eu/ website is not exhaustive. It is provided subject to changes that may have been made since they were put online.
4. Contractual limitations on the technical data.
The site used JavaScript technology. The website cannot be held liable for material damages related to use of the site. In addition, the site user agrees to access the site using recent equipment that does not contain viruses and with a latest generation updated browser. The https://www.fergex.eu/ website is hosted by a provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)
The goal is to provide a service that ensures the best accessibility rate. The host ensures continuity of its service 24 hours a day, every day of the year. It nonetheless reserves the possibility of interrupting the hosting service for the shortest times possible for maintenance, infrastructure improvement, failure of its infrastructure or if the Services generate traffic deemed abnormal.
https://www.fergex.eu/ and the host cannot be held liable in the event of malfunction of the internet network, telephone lines or computer equipment and of telephony equipment linked to congestion of the network preventing access to the server.
5. Intellectual property and infringement.
https://www.fergex.eu/ owns the intellectual property rights and holds the usage rights on all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the website's elements, regardless of the means or process used, is prohibited, except with prior written authorisation from: https://www.fergex.eu/.
Any unauthorised exploitation of the site or of any elements contained therein will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and subsequent of the Intellectual Property Code.
6. Limitations of liability.
https://www.fergex.eu/ acts as the site publisher. https://www.fergex.eu/ is responsible for the quality and veracity of the Content it publishes.
https://www.fergex.eu/ cannot be held liable for direct or indirect damages caused to the user's equipment, when accessing the https://www.fergex.eu/ website and resulting from the use of equipment that does not meet the specifications indicated at point 4, or the appearance of a bug or an incompatibility.
https://www.fergex.eu/ will also not be liable for indirect damages (such as for example loss of market or loss of opportunity) resulting from the use of the https://www.fergex.eu/ website. Interactive spaces (ability to ask questions in the contact space) are made available to users. https://www.fergex.eu/ reserves the right to delete, without prior notice, any content posted in this space which contravenes applicable law in France, in particular the provisions on data protection. As applicable, https://www.fergex.eu/ also reserves the right to charge the user with civil and/or criminal liability, in particular for racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photograph).
7. Personal data management.
The Customer is informed about the regulations concerning marketing communications, the Law of June 21, 2014, on trust in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: n° 2016-679).
7.1 Personal data collection officers
For the Personal Data collected as part of creation of the User's personal account and navigation on the Site, the Personal Data Processing Controller is: FERGEX. https://www.fergex.eu/ is represented by REVIL, its legal representative.
As processing controller for the data it collects, https://www.fergex.eu/ undertakes to respect the framework of legal provisions in force. It is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, complete information on the processing of their personal data and to maintain a register of processing that conforms to reality. Each time that https://www.fergex.eu/ processes Personal Data, https://www.fergex.eu/ takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://www.fergex.eu/ processes it.
7.2 Purpose of data collected
https://www.fergex.eu/ is likely to process all or part of the data:
to enable navigation of the Site and management and traceability of the services ordered by the user: data for connection and use of the Site, billing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
to improve Site navigation: connection and usage data
to conduct optional satisfaction surveys on https://www.fergex.eu/: email address
to conduct communication campaigns (SMS, email): telephone number, email address
https://www.fergex.eu/ does not sell your personal data which are therefore solely used by necessity or for statistical and analysis purposes.
7.3 Right of access, correction and opposition
In accordance with European regulations in force, Users of https://www.fergex.eu/ have the following rights:
right of access (Article 15 GDPR) and of correction (Article 16 GDPR), updating, completeness of User data, right of locking or deleting User's personal data (Article 17 of the GDPR), when it is inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or retention is prohibited
right to withdraw consent at any time (Article 13-2c GDPR)
right to limit processing of User data (Article 18 GDPR)
right to oppose processing of User data (Article 21 GDPR)
right to portability of data that Users have provided, when such data is subjected to automated processing based on their consent or on a contract (Article 20 GDPR)
right to define the fate of User data after their death and to choose who https://www.fergex.eu/ will have to communicate (or not) its data to a third party they have previously designated
As soon as https://www.fergex.eu/ becomes aware of the death of a User and in the absence of his instructions, https://www.fergex.eu/ undertakes to destroy his data, unless their retention proves necessary for probative purposes or to fulfil a legal obligation.
If the User wishes to know how https://www.fergex.eu/ uses his Personal Data, ask for it to be corrected or oppose their processing, the User may contact https://www.fergex.eu/ in writing at the following address:
FERGEX – DPO, Dominique REVIL
ZAE LES MOUILLES 74570 GROISY.
In this case, the User must indicate the Personal Data it wishes https://www.fergex.eu/ to correct, update or delete, by identifying himself accurately with a copy of an identification document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed by law on https://www.fergex.eu/, in particular regarding retention or archiving of documents. Finally, Users of https://www.fergex.eu/ may file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://www.fergex.eu/ is prohibited from processing, hosting or transferring the Information collected on its Customers to a country outside the European Union or recognised as "not adequate" by the European Commission without first informing the customer. However, https://www.fergex.eu/ remains free to choose its technical and commercial subcontractors provided that they have sufficient guarantees with regards to the requirements of the General Data Protection Regulation (GDPR: 2016-679).
https://www.fergex.eu/ undertakes to take all necessary precautions to preserve the security of information and in particular that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of https://www.fergex.eu/, it will inform the Customer as soon as possible and communicate the corrective measures taken. Moreover, https://www.fergex.eu/ does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of https://www.fergex.eu/ and subcontractors (service providers) exclusively in order to achieve the purposes of this policy.
Within the limits of their respective functions and for the purposes referred to above, the main persons likely to have access to the User data of https://www.fergex.eu/ are mainly our customer service agents.
7.5 Types of data collected
For users of a https://www.fergex.eu/ website, we collect the following data which are essential for operation of the service and which will be retained for a maximum of 36 months after the end of the contractual relationship:
Name, email
8. Incident Notification
Regardless of efforts made, no method of transmission over the internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to provide them with all information necessary to help them meet their own regulatory reporting obligations.
No personal information of the https://www.fergex.eu/ website user is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only in the hypothesis of purchase of https://www.fergex.eu/ and its rights would transmission of such information to the prospective purchaser be allowed, who would in turn be subject to the same obligation of retention and amendment of the data of users of the https://www.fergex.eu/ website.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.fergex.eu/ uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and password.
During processing of Personal Data, https://www.fergex.eu/prend/ takes all reasonable measures to protect them against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks, "cookies" and internet tags
The https://www.fergex.eu/ website contains a certain number of hyperlinks to other sites, set up with the permission of https://www.fergex.eu/. However, https://www.fergex.eu/ does not have the possibility to verify the content of the sites so visited and does not assume any responsibility for this.
Unless you decide to deactivate cookies, you accept that the site may use them. At any time you may deactivate cookies free of charge from the options available to you and recalled below, knowing that this may reduce or prevent accessibility 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 saved in the User's terminal (e.g., computer, smartphone), (hereafter "Cookies"). This file includes information such as the User's domain name, the User's internet access provider, the User's operating system, and the date and time of access. There is no risk of Cookies causing harm to the User's terminal.
https://www.fergex.eu/ may process information about the User regarding its visit to the Site, such as the pages consulted, searches performed. This information allows https://www.fergex.eu/ to improve Site content, from the User's browsing.
Since Cookies facilitate navigation and/or provision of services offered by the Site, the User may configure his browser to let him decide whether or not he wishes to accept the way in which Cookies are saved in the terminal or, conversely, whether they are rejected, either automatically or according to their issuer. The User may also configure his browsing software so that acceptance or rejection of Cookies is proposed intermittently, before a Cookies is likely to be saved in his terminal. https://www.fergex.eu/ informs the User that in this case the functionalities of his browsing software may not all be available.
If the User refuses to save Cookies in his terminal or browser, or if the User deletes those saved, the User is informed that his browsing and his experience on the Site may be limited. This can also be the case when https://www.fergex.eu/ or one of its service providers cannot recognize, for technical compatibility reasons, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the internet.
If applicable, https://www.fergex.eu/ declines all liability for consequences associated with degraded operation of the Site and any services proposed by https://www.fergex.eu/, resulting (i) from the User refusing Cookies, (ii) the impossibility for https://www.fergex.eu/ to save or consult the Cookies necessary for its operation due to the User's choice. For management of Cookies and User choices, the configuration of each browser is different. It is described in the browser's Help menu, from which the User will learn how to change his wishes about Cookies.
At any time the User may choose to express and change his wishes about Cookies. https://www.fergex.eu/ will also be able to 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 Twitter, Facebook, Linkedin and Google Plus social media appearing on the https://www.fergex.eu/ Website or in its mobile app and if the User accepts cookies being placed by continuing to browse the https://www.fergex.eu/ Website or mobile app, Twitter, Facebook, Linkedin and Google Plus may also store cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only saved on your terminals if you consent, by continuing to browse the https://www.fergex.eu/ Website or mobile app. At any time the User may nonetheless withdraw his consent for https://www.fergex.eu/ to save this type of cookie.
Article 9.2. INTERNET "TAGS"
https://www.fergex.eu/ may occasionally use internet tags (action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist Web analysis partner likely to be found (and therefore to save the corresponding information, including the User's IP address) in a foreign country.
These tags are placed in both online advertising that allows web users to access the Site, and on its different pages.
This technology allows https://www.fergex.eu/ to assess visitor responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of the Site by the User.
The external service provider may collect information on visitors to the Site and other Websites through these tags, report the Site's activity to https://www.fergex.eu/ and provide other services relating to its use and the internet.
10. Applicable law and attribution of jurisdiction.
Any dispute in connection with the use of the https://www.fergex.eu/ website is subject to French law. Apart from cases where the law does not allow it, jurisdiction is exclusively attributed to the competent courts of Annecy.
