BYOLA

Legal Notice and Privacy Policy

1. Definitions of the terms used

Website: website published on the url https://www.byola.fr/

User: Internet surfer who visits the website subject of the present General Conditions of Use.

Publisher: natural or legal person, owner of the website and responsible for its publication.

Services: contents and functionalities made available by the editor of the website.

Contents: all the elements constituting the information present on the website, in particular texts, images, videos, documents or others.

Functionalities: set of services allowing to interact with the website.

Personal information: information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies (Article 4 of Law No. 78-17 of January 6, 1978) and which corresponds to all personal data likely to be held by the website publisher, its employees or third parties (partners, service providers, suppliers, subcontractors) for the management of the account, the management of customer relations, for analysis and statistics and / or for other purposes designated below. The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

2. Presentation of the website

In accordance with article 6 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified to the users of the present website the identity of the various participants in the framework of its realization and its follow-up:

2.1 Website editor

Corporate name : BYOLA

Head office address : 9 ALL DES CHENES 69360 SEREZIN-DU-RHONE

Mail : contact @ byola.fr

Phone number : +33 (0)6 07 10 71 58

Legal form : SAS

Share capital : 102 000,00 € (French)

SIRET : 89141381700018

RCS : Lyon B 891 413 817

Intracommunity VAT : FR60891413817

2.2 Information about the website

Responsible for publication: Mr. Joseph COLLETTA, contact @ byola.fr

Data Protection Officer (DPO): Mr. Joseph COLLETTA, contact@byola.fr

Webmaster: Mr. Charles DEVILLIERS, cdevilliers @ comnumerik.fr

Host: OVH SAS 2 rue Kellermann 59100 Roubaix, phone : 1007, mail : support@ovh.com

Website creation: ☆ Webdesign ☆ Referencing ☆ Communication

3. General Conditions of Use of the site

The use of the website implies full acceptance of the General Conditions of Use described below. They may be modified or completed at any time, and users of the website are therefore invited to consult them regularly. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to take note of them.

4. Description of services provided

The purpose of the website is to provide information and services concerning all the company’s activities. The editor strives to provide on the website information as accurate as possible. 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 information on the website is given as an indication and is likely to change. Moreover, the information on the website is not exhaustive. It is given subject to modifications having been made since it was put online.

5. Contractual limits on technical data

The site uses JavaScript technology. The editor cannot be held responsible for material damages linked to the use of the site. Moreover, the user of the site undertakes to access the website using recent equipment, free of viruses and with a last generation and updated browser. The website is hosted by a service provider located on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: No. 2016-679) and whose server of this website is located in France.

To ensure the security and confidentiality of personal data, the publisher uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords. These devices are provided by the hosting company and/or the website publisher.

 

When processing personal data, the publisher takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

 

The editor and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.

The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal.

This website is normally accessible to users at all times. An interruption for reason of technical maintenance can be however decided by the editor, who will endeavour to communicate beforehand to the users the dates and hours of the intervention.

6. Intellectual property and counterfeiting

The website constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The user may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the website.

The editor is the owner of the intellectual property rights, and/or holds the rights of use granted by third parties having authorized the exploitation, of all the elements accessible on the website, in particular and without limitations, the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorization of the editor.

Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

If you are the author or the beneficiary of a work free of rights and that its attribution is not in conformity with your wishes or that you wish to ask for the withdrawal of it, send your request to the address mail of contact indicated at the top of this page in the line: Person in charge of publication.

7. Limits of liability

The publisher is responsible for the quality and veracity of the content it publishes.

The publisher cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website, and resulting either from the use of equipment that does not meet the previously indicated specifications, or from the appearance of a bug or incompatibility.

The publisher cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website.

If interactive spaces (forum, comment, opinion or others) are at the disposal of the users, the editor reserves the right to remove, without prior notice, any contents deposited in these spaces which would contravene the applicable legislation in France, in particular with the provisions relating to the data protection.

If necessary, the editor also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photography…).

8. Personal data management

The user is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: No. 2016-679).

8.1 Persons responsible for the collection of personal data

The person responsible for the processing of personal data collected within the framework of the use of the services and functionalities of the website is indicated at the top of this page in the line: Data Protection Officer (DPO).

As the person in charge of processing the data it collects, the editor undertakes to respect the framework of the legal provisions in force. In particular, it is the responsibility of the publisher to establish the purposes of its data processing, to provide its prospects, customers and users, 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 reality.

Whenever the publisher processes personal data, it takes all reasonable steps to ensure that the personal data is accurate and relevant to the purposes for which the publisher processes it.

8.2 Purposes of the data collected

The publisher may process all or part of the personal data:

  • To manage relationships with users of the website, including commercial relations and responding to requests for information.
  • To improve navigation on the website and to allow the proper functioning of the services and features of the website.
  • For statistical purposes and analysis of website traffic and user behavior.
  • To carry out communication campaigns by sms, email or any other channel if the user has expressly given his consent for this purpose.
  • To conduct optional satisfaction surveys by sms, email or other channel if the user has expressly given consent for this purpose.
  • To prevent and fight against computer fraud (spamming, hacking…).

8.3 Right of access, rectification and opposition

In accordance with the European regulations in force, the users of the website have the following rights:

  • Right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of data, right to block or erase users’ personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.
  • Right to withdraw consent at any time (Article 13-2c GDPR).
  • Right to limit the processing of user data (Article 18 GDPR).
  • Right to object to the processing of personal data (Article 21 GDPR).
  • Right to portability of data provided by users, where such data are subject to automated processing based on consent or contract (Article 20 RGPD).
  • The right to define the fate of users’ data after their death and to choose to whom the publisher should communicate (or not) their data to a third party that they have previously designated.

As soon as the publisher becomes aware of the death of a user and in the absence of instructions from the user, the publisher undertakes to destroy the user’s data, except if their conservation is necessary for evidential purposes or to meet a legal obligation.

If the user wishes: to know how the publisher uses his personal data, to ask to rectify them or to object to their processing, the user can contact the publisher in writing at the address indicated at the top of this page in the line: Head office address.

In this case, the user must indicate the personal data that he/she would like the editor to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of personal data will be subject to the obligations imposed on the publisher by law, in particular as regards the conservation or archiving of documents. Finally, users of the website may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

8.4 Non-disclosure of personal data

The publisher is prohibited from processing, hosting or transferring information collected on its users to a country located outside the European Union or recognized as “non-adequate” by the European Commission without informing the user in advance. However, the publisher remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).

The editor undertakes to take all necessary precautions to preserve the security of the information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or the confidentiality of the user’s information is brought to the attention of the editor, the editor will inform the user as soon as possible and will communicate the corrective measures taken. Furthermore, the editor does not collect any sensitive data (racial or ethnic origins, political, philosophical or religious opinions, union membership, health, sexual life).

The user’s personal data may be processed by the publisher’s subsidiaries and subcontractors (service providers), exclusively in order 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 the website are the collaborators of the editor and the webmaster(s).

9. Incident Notification

No matter how hard we try, no method of transmission over the Internet and no method of electronic storage is completely reliable. Consequently, the publisher cannot guarantee absolute security. If the publisher becomes aware of a security breach, it will notify the affected users so that they can take appropriate action. The incident notification procedures take into account the legal obligations, whether they are on a national or European level. The publisher is committed to fully informing its users of all matters relating to the security of their personal data and to providing them with all the necessary information to help them meet their own regulatory reporting obligations.

No personal information of the user of the website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the repurchase of the editor or the website and its rights would allow the transmission of the aforementioned information to the eventual purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the website.

10. Security

To ensure the security and confidentiality of personal data, the publisher uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords. These devices are provided by the hosting company and/or the website publisher.

When processing personal data, the publisher takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

11. Hyperlinks, cookies and internet tags

11.1. Hypertext links

The website contains a number of hyperlinks to other sites, set up with the permission of the publisher. However, the editor does not have the possibility of checking the contents of the sites thus visited, and consequently will not assume any responsibility of this fact.

11.2. Cookies

A cookie is a small information file sent to the user’s browser and stored within the user’s terminal. This file includes information such as the user’s domain name, the user’s Internet service provider, the user’s operating system, the date and time of access and any other information. Cookies facilitate navigation and/or the provision of the services offered by the website, and under no circumstances may they damage the user’s terminal.

Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the services and features offered by the website.

The user can configure his browser to allow him to decide whether or not 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 his navigation software in such a way that the acceptance or refusal of Cookies is proposed to him punctually, before a Cookie is likely to be recorded in his terminal. The publisher informs the user that, in this case, it is possible that not all the functionalities of his navigation software will 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 website may be limited. This could also be the case when the publisher 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, the publisher declines all responsibility for the consequences linked to the degraded functioning of the website and of the services that may be offered by the website, resulting (1) from the refusal of Cookies by the user (2) from the impossibility for the website to record or consult the Cookies necessary for its functioning due to the user’s choice.

For the management of Cookies and 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.

The publisher may process information about the user’s visit to the website, such as the pages viewed, searches performed, etc. This information allows the publisher to better understand the user’s needs and preferences. This information enables the publisher to improve the content, services and functionality of the website and the user’s navigation. The publisher may also use the services of external service providers to assist in collecting and processing the information described in this section.

Finally, by clicking on the icons dedicated to social networks such as Twitter, Facebook, Linkedin, Google Plus or others appearing on the website and if the user has accepted the deposit of cookies by continuing his navigation on the website the publisher, Twitter, Facebook, Linkedin, Google Plus or others may also deposit cookies on the user’s terminals.

These types of cookies are only deposited on the user’s terminal if the user consents to them by continuing to browse the publisher’s website. However, the user can revoke his or her consent to the website depositing these types of cookies at any time.

11.3 Internet tags

The publisher may occasionally employ Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information, including the user’s IP address) in a foreign country.

These beacons are placed both in the online advertisements that allow users to access the website, and on individual pages of the website.

This technology allows the publisher to measure the responses of website visitors and the effectiveness of its actions (e.g., the number of times a page is opened and the information viewed), as well as the user’s use of this website.

The external service provider may collect information about visitors to the website and other websites through these tags, compile reports on website activity for the publisher, and provide other services related to the use of the website and the Internet.

12.Applicable law and jurisdiction

Any dispute in connection with the use of the website is subject to French law. Except in cases where the law does not allow it, the competent courts of LYON have exclusive jurisdiction.

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