Legal notice
Definitions
Customer: any professional or any natural person having legal capacity within the meaning of articles 1123 et seq. of the Code civil (French Civil Code), or any legal entity, who visits the Site that is the subject of these general terms and conditions.
Offerings and Services: https://www.surécoute.store makes the following available to Customers:
Content: All of the elements making up the information present on the Site, in particular text – images – videos.
Customer information: Hereinafter referred to as “Information(s)”, corresponding to all of the personal data that may be held by https://www.surécoute.store for the management of your account, for customer relationship management and for analysis and statistical purposes.
User: An internet user who connects to and uses the aforementioned site.
Personal information: “Information which makes it possible, in any form whatsoever, directly or indirectly, to identify the natural persons to whom it applies” (article 4 of 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 Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, the users of the website https://www.surécoute.store are informed of the identity of the various parties involved in its creation and its ongoing maintenance:
Owner: Nicolas Japas – 21 avenue du sidobre, Brassac, 81260, France
Publication manager: Nicolas Japas – direction@surécoute.store
The publication manager is a natural person or a legal entity.
Webmaster: Nicolas Japas – direction@surécoute.store
Host: Shopify – 126 York St., Ottawa, ON K1N 5T5, Canada 1-888-746-7439
Data protection officer: Nicolas Japas – direction@surécoute.store
2. General terms and conditions of use of the site and of the services offered.
The Site constitutes an intellectual work protected by the provisions of the Code de la Propriété Intellectuelle (French Intellectual Property Code) and of the applicable International Regulations. The Customer may not in any way reuse, assign or exploit for its own account all or part of the elements or works of the Site.
Use of the site https://www.surécoute.store implies full and unreserved acceptance of the general terms and conditions of use described below. These terms of use may be modified or supplemented at any time, and the users of the site https://www.surécoute.store are therefore invited to consult them on a regular basis.
This website is normally accessible to users at all times. An interruption for technical maintenance reasons may nevertheless be decided by https://www.surécoute.store, which will then endeavor to notify users in advance of the dates and times of the work. The https://www.surécoute.store website is updated regularly by https://www.surécoute.store as the party responsible. In the same way, the legal notice may be modified at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible in order to read it.
3. Description of the services provided.
The purpose of the website https://www.surécoute.store is to provide information concerning all of the company’s activities. https://www.surécoute.store endeavors to provide information on the site https://www.surécoute.store that is as accurate as possible. However, it may not be held liable for omissions, inaccuracies or shortcomings in updating, whether caused by itself or by the third-party partners who provide it with this information.
All the information provided on the site https://www.surécoute.store is given for guidance only, and is liable to change. Furthermore, the information appearing on the site https://www.surécoute.store is not exhaustive. It is given subject to any modifications that may have been made since it was posted online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website may not be held liable for material damage connected with the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, containing no virus and with an updated, latest-generation browser The site https://www.surécoute.store is hosted by a provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)
The objective is to deliver a service that ensures the best possible accessibility rate. The host ensures the continuity of its service 24 hours out of 24, every day of the year. It nevertheless reserves the possibility of interrupting the hosting service for the shortest possible periods, in particular for the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Offerings and Services generate traffic deemed abnormal.
https://www.surécoute.store and the host may not be held liable in the event of a malfunction of the internet network, of the telephone lines or of computer and telephone equipment, connected in particular with network congestion preventing access to the server.
5. Intellectual property and infringement.
https://www.surécoute.store owns the intellectual property rights and holds the rights of use in all the elements accessible on the website, in particular the designs, 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, whatever the means or process used, is prohibited without the prior written authorization of: https://www.surécoute.store.
Any unauthorized exploitation of the site or of any of the elements it contains shall be deemed to constitute an infringement and shall be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Code de Propriété Intellectuelle (French Intellectual Property Code).
6. Limitations of liability.
https://www.surécoute.store acts as the publisher of the site. https://www.surécoute.store is responsible for the quality and the truthfulness of the Content that it publishes.
https://www.surécoute.store may not be held liable for direct and indirect damage caused to the user’s equipment when accessing the website https://www.surécoute.store, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
https://www.surécoute.store may also not be held liable for indirect damage (such as, for example, a loss of business or the loss of an opportunity) resulting from the use of the site https://www.surécoute.store. Interactive areas (the possibility of asking questions in the contact area) are available to users. https://www.surécoute.store reserves the right to delete, without prior formal notice, any content posted in this area that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://www.surécoute.store also reserves the possibility of holding the user civilly and/or criminally liable, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, of the Act of 21 June 2014 on confidence in the Digital Economy, of the Loi Informatique et Liberté (French Data Protection Act) of 06 August 2004, as well as of the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Parties responsible for the collection of personal data
For the Personal Data collected in connection with the creation of the User’s personal account and with the User’s browsing on the Site, the controller of the Personal Data is: https://www.surécoute.store which is legally represented by Nicolas Japas.
As the controller of the data that it collects, https://www.surécoute.store undertakes to comply with the framework of the legal provisions in force. It is in particular for the Customer to establish the purposes of its data processing, to provide its prospective customers and customers, on the basis of the collection of their consent, with complete information on the processing of their personal data, and to maintain a record of processing activities that reflects reality. Each time https://www.surécoute.store processes Personal Data, https://www.surécoute.store takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://www.surécoute.store processes it.
7.2 Purpose of the data collected
https://www.surécoute.store may process all or part of the data:
- to allow browsing on the Site and the management and traceability of the offerings and services ordered by the user: Site connection and usage data, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, the IP address, the password (hashed)
- to improve browsing on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://www.surécoute.store: email address
- to conduct communication campaigns (sms, mail): telephone number, email address
IMPORTANT:
1. Explicit consent: sur.écoute only collects telephone numbers with the explicit consent of users, whether when they sign up or when they agree to receive messages (SMS, emails).
2. Limited use: Telephone numbers will only be used to send information concerning the brand, promotions or news.
3. Unsubscribe option: Users have the possibility of unsubscribing from these communications by SMS or by email at any time.
https://www.surécoute.store does not sell your personal data, which is therefore used only out of necessity or for communication, statistical and analysis purposes.
7.3 Right of access, rectification and objection
In accordance with the European regulations in force, the Users of https://www.surécoute.store have the following rights:
- right of access (article 15 GDPR) and of rectification (article 16 GDPR), of updating and of completeness of the Users’ data right to block or erase the Users’ personal data (article 17 of the GDPR), where it is inaccurate, incomplete, ambiguous or out of date, or where its collection, use, disclosure or storage is prohibited
- right to withdraw consent at any time (article 13-2c GDPR)
- right to restriction of the processing of the Users’ data (article 18 GDPR)
- right to object to the processing of the Users’ data (article 21 GDPR), including for the receipt of communications by SMS
- right to the portability of the data that the Users have provided, where that data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
- right to determine the fate of the Users’ data after their death and to choose to whom https://www.surécoute.store must (or must not) disclose their data to a third party whom they will have designated beforehand
As soon as https://www.surécoute.store becomes aware of the death of a User and in the absence of instructions from that User, https://www.surécoute.store undertakes to destroy their data, unless its retention proves necessary for evidentiary purposes or in order to comply with a legal obligation.
If the User wishes to know how https://www.surécoute.store uses their Personal Data, to request that it be rectified, or objects to its processing, the User may contact https://www.surécoute.store in writing at the following email address:
direction@surécoute.store
In that case, the User must indicate the Personal Data that they would like https://www.surécoute.store to correct, update or delete, identifying themselves precisely with a photograph of both sides of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.surécoute.store by law, in particular as regards the retention or archiving of documents. Finally, the Users of https://www.surécoute.store may lodge a complaint with the supervisory authorities, and in particular with the CNIL (French data protection authority) (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.surécoute.store undertakes not to process, host or transfer the Information collected about its Customers to a country located outside the European Union (except for Canada and the United States, necessarily, through the use of Shopify) or recognized as “not adequate” by the European Commission without first informing the customer. That said, https://www.surécoute.store remains free in the choice of its technical and commercial subcontractors, on the condition that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.surécoute.store undertakes to take all necessary precautions in order to preserve the security of the Information and in particular to ensure that it is not disclosed to unauthorized persons. However, if an incident affecting the integrity or the confidentiality of the Customer’s Information comes to the knowledge of https://www.surécoute.store, the latter must inform the Customer as soon as possible and communicate to them the corrective measures taken. Furthermore, https://www.surécoute.store does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://www.surécoute.store and by subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective duties and for the purposes set out above, the main persons likely to have access to the data of the Users of https://www.surécoute.store are mainly the agents of our customer service department.
8. Incident notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we were to become aware of a security breach, we would notify the users concerned so that they could take the appropriate measures. Our incident notification procedures take account of our legal obligations, whether these arise at national or at 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 comply with their own regulatory reporting obligations.
No personal information of the user of the site https://www.surécoute.store is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties.
Security
In order to ensure the security and the confidentiality of Personal Data and of Personal Health Data, https://www.surécoute.store uses networks protected by standard measures such as firewalls, pseudonymity, encryption and passwords.
When processing Personal Data, https://www.surécoute.store takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hyperlinks, “cookies” and internet tags (“tags”)
The site https://www.surécoute.store contains a certain number of hyperlinks to other sites, put in place with the authorization of https://www.surécoute.store. However, https://www.surécoute.store does not have the possibility of checking the content of the sites thus visited, and will consequently assume no liability in that respect.
Unless you decide to disable cookies, you accept that the site may use them. You may at any time disable these cookies, free of charge, by means of the disabling options that are offered to you and set out below, bearing in mind 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 within 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, as well as the date and time of access. Cookies are in no way liable to damage the User’s device.
https://www.surécoute.store 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.surécoute.store 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 may configure their browser so that it allows them to decide whether or not they wish to accept them, such that Cookies are saved in the device or, on the contrary, are rejected, either systematically or depending on the party that issues them. The User may also configure their browser software so that acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie is liable to be saved in their device. https://www.surécoute.store informs the User that, in that case, not all the features of their browser software may be available.
If the User refuses the saving of Cookies in their device or their browser, or if the User deletes those that are saved there, the User is informed that their browsing and their experience on the Site may be limited. This could also be the case where https://www.surécoute.store or one of its service providers cannot recognize, 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.surécoute.store accepts no liability for the consequences connected with the degraded operation of the Site and of the services possibly offered by https://www.surécoute.store, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.surécoute.store to save or consult the Cookies necessary for their operation as a result of the User’s choice. For the management of Cookies and of the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will make it possible to know how the User may change their wishes as regards Cookies.
At any time, the User may choose to express and to change their wishes as regards Cookies. https://www.surécoute.store may in addition call on the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Instagram, Pinterest, Shop, Twitter, Facebook, LinkedIn and Google Plus appearing on the Site of https://www.surécoute.store or in its mobile application, and if the User has accepted the placing of cookies by continuing to browse on the website or the mobile application of https://www.surécoute.store, Twitter, Instagram, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile telephone).
These types of cookies are only placed on your devices on condition that you consent to this, by continuing your browsing on the website or the mobile application of https://www.surécoute.store. At any time, the User may nevertheless withdraw their consent to https://www.surécoute.store placing this type of cookie.
Article 9.2. INTERNET TAGS (“TAGS”)
https://www.surécoute.store may occasionally use internet tags (also called “tags”, or action tags, one-pixel GIFs, clear GIFs, invisible GIFs and one-by-one GIFs) and deploy them through a web analytics specialist partner which 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 enables https://www.surécoute.store to assess 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 possibly collect information about the visitors to the Site and to other websites by means of these tags, produce reports on the activity of the Site for the attention of https://www.surécoute.store, and provide other services relating to the use of the Site and of the Internet.
10. Applicable law and attribution of jurisdiction.
Any dispute in connection with the use of the site https://www.surécoute.store is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is attributed to the competent courts of Castres.
