Definitions
Client: every moral person or a physical person capable in the sense of art.1123 and following of the Civil Code, who visits the https://d.center/ Website – object of these Terms and Conditions of Use.
Service: SAS D.Center makes available to its Clients:
Content: all elements that constitute the Website, notably the texts, images and videos.
Client data: all personal data that can be held by SAS D.Center in order to manage Client accounts, Client relations and for analytics and statistics purposes.
User: a Web user connecting and using the Website.
Personal information: information allowing, in whatever form, directly or no, to identify physical persons to whom it applies (art. 4 of the law N 78-17 from January 6, 1978).
The terms “personal data”, “concerned person”, “subcontractor” and “sensible data” bear the meaning defined by the General Data Protection Regulation (GDPR: N 2016-679).
1. Presentation of the Website
According to the art.6 of the law N 2004-575 of June 21, 2004 for the trust in the digital economy, https://d.center/ Website users are given the identity of different actors who participate in its conception and maintenance:
Owner: SAS D.Center, registered capital of 20000€; VAT number FR77849040472;
Address: 2870 Rte du Col de la Croix Fry 74230 Manigod, France.
Responsible for publications: SAS D.Center
Webmaster contact: https://d.center/fr/contact
Website host: OVH – 2 rue Kellermann 59100 Roubaix 1007
Data protection delegate : SAS D.Center
2. Terms and Conditions of Use of the Website and its services
The Website represents an intellectual work protected by the provisions of the Intellectual Property Code and applicable International regulations. The Client cannot in any way re-use, dispose of or exploit for their own account any and all elements that constitute the Website.
The https://d.center/ website use implies full acceptance of Terms and Conditions of Use expressed hereafter. These Terms and Conditions of Use can be modified or completed at any moment, Website users are invited to consult them regularly.
The Website is usually accessible to users all the time. However an interruption due to technical maintenance reasons can be decided by SAS D.Center, who will do its best to communicate the intervention date and hour to its users. The Website is regularly updated by SAS D.Center.
3. Description of the provided services
The objective of https://d.center website is to supply information, and the SAS D.Center is doing its best efforts to make this information as exact as possible. However, the Website cannot be held responsible for any oversight, inexactitude or late update, whether they were caused by the Website or by its partners providing information.
All the content published on https://d.center is given for information purposes only. Furthermore, the content can be non-exhaustive and subject to change.
4. Contractual limitations and technical data
The Website uses JavaScript technology. The Website cannot be held responsible for material damage linked to the Website use. Furthermore, Website users connecting to the Website commit to using recent equipment without viruses and with the last generation updated browser. The https://d.center Website is hosted at a European Union provider according to the provisions of the General Data Protection Regulation (GDPR: N 2016-679).
The objective being to provide the most accessible service, the Website host assures service continuity 24/7, every day of the year. However it reserves the right to interrupt the hosting service for the shortest possible periods of time due to maintenance, infrastructure update, infrastructure failure or if the provided services generate a traffic considered as abnormal.
SAS D.Center cannot be held responsible in case of dysfunction of the Internet, telephone lines, IT equipment or telecommunication linked particularly to the network congestion limiting the access to the server.
5. Intellectual property and counterfeits
SAS D.Center is the owner of all intellectual property rights and holds the rights of usage of all accessible elements on the Website, notably texts, images, graphics, logos, videos, icons and sounds. All reproduction, representation, modification, publication, adaptation of all and any elements of the Website, whatever the means or procedure used, is prohibited, except for prior written authorisation by SAS D.Center.
All non-authorized exploitation of the Website or the elements it contains is considered as counterfeit and can be sued according to the provisions of the art. L335-2 and following of the Intellectual Property Code.
6. Disclaimer
SAS D.Center acts as a publisher of the Website. SAS D.Center is responsible for the quality and veracity of the content it publishes.
SAS D.Center cannot be held responsible for direct and indirect damage caused to the users equipment when they access the https://d.center/ Website and caused either by the usage of the equipment not compliant to the specifications noted in art.4, or by the appearance of a bug or an incompatibility.
SAS D.Center cannot be held responsible for indirect damages (such as loss of business or loss of opportunity) that followed the use of the Website. Interactive spaces (contact and comments section) are made available to the users. SAS D.Center reserves the right to cancel, without any prior notice, any content put into these spaces that infringe the legislation applicable in France, particularly concerning the provisions relative to data protection. In such a case SAS D.Center can engage the civil/penal responsibility of a user, notably in case of messages carrying racist, offensive, diffamatory or pornographic character, whatever the support used (text, photo…)
7. Personal data treatment
The Client is informed about the regulations on marketing communication: the Law For Trust in Digital Economy of June 21, 2014, the Law For Freedom of Information of August 6, 2004, as well as the General Data Protection Regulation (GDPR: N 2016-679).
7.1 Personal data collection controller
The controller responsible for the treatment of personal data collected as part of User personal account creation and Website navigation is SAS D.Center. SAS D.Center is represented by Marie Poteriaieva, its legal representative.
As a controller, SAS D.Center commits to respect the legal framework in force. It is up to SAS D.Center to set the finality of data treatment, to inform, upon consent, its prospects and Clients about their personal data treatment and to maintain a data treatment registry that reflects reality. Every time that SAS D.Center treats personal data, SAS D.Center takes all reasonable measures to assure the exactitude and the pertinence of personal data regarding the finality, for which SAS D.Center treats it.
7.2 Finality of the collected data
SAS D.Center might treat all of a part of the data:
- to allow the Website navigation and follow the services ordered by the User: Website connection and usage data, invoices, orders history etc
- to prevent and fight against computer fraud (smapping, hacking…): computer equipment used to improve the Website navigation, IP address, password (hashed)
- to improve the Website navigation: connection and utilization data
- to conduct optional user satisfaction surveys on https://d.center/: email address
- to conduct communication campaigns (sms, email…): phone number, email address
SAS D.Center does not commercialize your personal data, which is used uniquely out of necessity and statistical and analytic purposes.
7.3 Right to access, rectify or oppose
In accordance with European legislation in force, the Users of https://d.center/ have the following rights:
- the rights to access (art. 15 of GDPR) and to rectify (art.16 of GDPR), to update, to complete the User data
- the right to block or to erase personal User data (art. 17 of GDPR) when it is not correct, incomplete, outdated, or when its collection, utilization, communication or conservation is prohibited
- the right to take back a consent at any moment (art. 13-2c of GDPR)
- the right to limit the User data treatment (art. 18 of GDPR)
- the right to oppose the User data treatment (art. 21 of GDPR)
- the right of portability of the data supplied by the User, when this data is treated automatically based on a consent or on a contract (art. 20 of GDPR)
- the right to chose the fate of the User data after their death and designate to whom SAS D.Center should communicate this data (or not)
When SAS D.Center learns about the death of a User and without any instructions on their behalf SAS D.Center commits to erasing their data, except if its conservation is necessary for evidentiary purposes or as a legal obligation.
If a User wishes to know how SAS D.Center uses their Personal Data, ask to rectify it or oppose to its treatment, a User can contact SAS D.Center in writing at the following address:
SAS D.Center – DPO,
2870 Rte du Col de la Croix Fry 74230 Manigod, France.
In this case a User must note the Personal Data they wish SAS D.Center to correct, update or remove and properly identify themselves with an ID copy.
The demands of Personal Data removal are subject to the obligations imposed on SAS D.Center by the law, notably concerning the conservation or archiving of the documents. The https://d.center/ Users can file a complaint with the controlling authority, notably the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of the personal data
SAS D.Center is forbidden to treat, host or transfer the Data collected on its Clients to a country beyond the European Union or recognized as “inadequate” by the European Commission without informing the Client. However SAS D.Center is free to choose its technical and commercial contractors, under a condition that they present sufficient garanties regarding the General Data Protection Regulation (GDPR: N 2016-679).
SAS D.Center commits to taking all necessary precautions in order to preserve the security of the Data, assuring in particular that it is not communicated to non-authorized persons. However, if SAS D.Center learns about an incident affecting the integrity and the confidentiality of Client data, SAS D.Center must inform the Client in the briefest of delays and communicate to them the correction measures taken. Furthermore, SAS D.Center does not collect any “sensible data”.
User’s Personal Data can be treated by the branches of SAS D.Center and its contractors (service providers), exclusively in order to accomplish the finality of the present politics.
Within the limits of their respective assignments and for the finality repeated above, the main persons that might have access to the https://d.center/ Users are primarily the agents of our customer service.
8. Incident notification
Whatever the efforts made, no Internet transmission method and no electronic storage is completely sure. Hence we cannot guarantee absolute security. If we learn about a breach in security, we notify the concerned Users, so that they can take appropriate measures. Our procedures of incident notification take account of our legal obligations, whether they lie at the national or the European level. We commit to inform our Clients about the security of their accounts and to provide them with all the necessary information to help them respect their own regulatory obligations in the matter of reporting.
No personal data of a https://d.center/ User is published, exchanged, transferred, given or sold on any support whatsoever to a third party without the User consent. Only in the hypothesis of a purchase of https://d.center/ and its rights this information could be transmitted to an eventual buyer, who will at their turn hold the same obligations of conservation and modification of https://d.center/ Users data.
8.1 Security
In order to assure the security and the confidentiality of Personal Data, SAS D.Center uses networks protected by the standard dispositions, such as firewall, pseudonymisation, encryption and password.
When treating Personal Data SAS D.Center takes all reasonable measures to protect them against any loss, diverted use, non-authorized access, divulgation, alteration or destruction.
9. Hypertext links, “Cookies” and Internet tags
The https://d.center/ Website contains a certain number of hypertext links toward other websites, set up with the authorization of SAS D.Center. However, SAS D.Center cannot verify the content of these websites and hence does not assume any responsibility for visiting them.
9.1 “Cookies”
A “cookie” is a small file sent to the User’s browser and registered within their terminal (computer, smartphone…) This file contains information such as the name of User’s domain, User’s Internet access provider, User’s exploitation system, as well as the date and time of access. The Cookies do not carry any risk of damaging the User’s terminal.
SAS D.Center might treat the information concerning the User’s Website visit, such as consulted pages or researches. These informations allow SAS D.Center to improve the Website content and User’s navigation.
The Cookies being able to facilitate the navigation and/or the provision of services proposed by the Website, a User can set their browser so that it allows them to decide whether they accept them or no, so that the Cookies are registered on their device or, on the contrary, are rejected, either systematically or depending on their issuer. A User also can set their browser, so that the acceptance or the rejection of the Cookies are being proposed punctually, before the Cookies are to be registered on the device. SAS D.Center informs the Users that, in this case, it can happen that the browser’s functionalities could not be all available.
If a User refuses to save Cookies on their device or their browser, or if a User erases those that are already saved, User is informed that their navigation and their experience on the Website can be limited. This can also be the case when SAS D.Center or one of its contractors cannot recognise, for the technical accountability purposes, the browser type used by the device, its language and display settings or the country from which the device seems to be connected to the Internet.
In this case, SAS D.Center declines any responsibility for the consequences linked to the degraded functionality of the Website and the eventual services proposed by SAS D.Center, resulting (i) from the rejection of Cookies by the User, (ii) from the impossibility for SAS D.Center to register or to consult the Cookies necessary for their functioning due to the User’s choice. Concerning the Cookies management and the User’s choice, each browser configuration is different. It is described in the help menu of the browser, which explains how a User can manage their Cookies preferences.
At any moment a User can choose to modify their Cookies preferences. SAS D.Center can resort to external providers to help a User to collect and treat information mentioned in this section.
By clicking on the icons of Twitter, Facebook, LinkedIn and Google Plus social networks that appear on https://d.center/ Website or on its mobile application and if a User accepts the Cookies by continuing the navigation of https://d.center/ Website or mobile application, Twitter, Facebook, LikeIn and Google Plus also can put Cookies on a User’s device (computer, tablet, smartphone).
These types of Cookies are not registered on a Users device unless they consent to it by continuing to navigate the https://d.center/ Website or the mobile application. At any moment a User can change their consent to register this type of https://d.center/ Cookies.
9.2 Internet tags
https://d.center/ can occasionally use Internet tags (also called action beacons,one pixel GIF, transparent GIF, invisible GIF or GIF one by one) and deploy them via a partner specialising in Web analysis who might be based (and therefore store the corresponding information, including IP address of a User) in a foreign country.
These tags are placed within the online advertising allowing the people to access the Website and on the different pages of the Website.
This technology allows SAS D.Center to evaluate the responses of the visitors regarding the Website and the effectiveness of its actions (for example, the number of times when a page is open and the information consulted), as well as the utilisation of the Website by the User.
An external contractor can eventually collect information about the visitors of the Website and other sites using these tags, edit reports on the Website’s activity destined to SAS D.Center and provide other services related to its usage and the Internet.
10. Applicable law and attribution of jurisdiction
Any litigation concerning the use of https://d.center/ Website is governed by the French law. Except for cases when the law does not allow it, the exclusive jurisdiction is attributed to the competent Courts of Annecy.
