Legal Notes
Definitions
Customer: any professional or capable natural person within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Site that is the subject of these general terms and conditions.
Benefits and Services: https://www.polymem.fr makes available to Clients :
Content: All of the elements constituting the information presented on the Site, in particular texts – images – videos.
Customer information: Hereinafter referred to as “Information (s)” which corresponds to all personal data that may be held by https://www.polymem.fr for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting, using the aforementioned site.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies” (Article 4 of Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “data processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679).
1. Presentation of the website
By virtue of Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.polymem.fr website are informed of the identity of the various parties involved in its creation and monitoring :
Owner: SA Polymem Share capital of 175 070 € VAT number: FR02410795223 – 3 rue de l’industrie 31320 Castanet Tolosan
Publication manager: Espenan – contact@polymem.fr
The person responsible for publication is a natural person or a legal entity.
Webmaster: Christophe Peuch – c.peuch@polymem.fr
Hosting: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer : Christophe Peuch – c.peuch@polymem.fr
These RGPD legal notices come from the free generator of legal notices for a website.
2. General conditions of use of the site and services offered
The Site is an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.
Use of the https://www.polymem.fr website implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the https://www.polymem.fr website are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://www.polymem.fr, which will then endeavour to inform users in advance of the dates and times of the intervention. The website https://www.polymem.fr is regularly updated by https://www.polymem.fr responsible. In the same way, the legal notices may 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 read them.
3. Description of services provided
The purpose of the https://www.polymem.fr website is to provide information concerning all the company’s activities. https://www.polymem.fr endeavours to provide the most accurate information possible on the https://www.polymem.fr website. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether caused by itself or by third party partners who provide it with this information.
All the information indicated on the website https://www.polymem.fr is given as an indication, and is subject to change. Furthermore, the information on the https://www.polymem.fr website is not exhaustive. It is subject to modifications that have been made since it was put online.
4. Contractual limitations on technical data
The site uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free material and with a latest-generation, up-to-date browser. The https://www.polymem.fr website is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679).
The objective is to provide a service that ensures the best rate of accessibility. 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 time, in particular for maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services and Services generate traffic that is deemed abnormal.
https://www.polymem.fr and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephony equipment related in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
https://www.polymem.fr is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular 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, regardless of the means or process used, is prohibited without the prior written permission of: https://www.polymem.fr.
Any unauthorised use 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.
6. Limitations of liability
https://www.polymem.fr acts as the publisher of the site. https://www.polymem.fr is responsible for the quality and truthfulness of the Content it publishes.
https://www.polymem.fr cannot be held responsible for any direct or indirect damage caused to the user’s equipment, when accessing the https://www.polymem.fr website, 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 incompatibility.
https://www.polymem.fr shall also not be liable for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the https://www.polymem.fr site. Interactive spaces (possibility to ask questions in the contact space) are available to users. https://www.polymem.fr reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://www.polymem.fr also reserves the right to question the civil and/or criminal liability of the user, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).
7. Management of personal data
The Customer 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 6 August 2004 and the General Data Protection Regulation (GDPR: no. 2016-679).
7.1. Persons responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the User’s personal account and his or her browsing on the Website, the person responsible for the processing of Personal Data is: Polymem. https://www.polymem.fr is represented by Espenan, its legal representative.
As the person responsible for processing the data it collects, https://www.polymem.fr undertakes to respect the framework of the legal provisions in force. In particular, 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, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever https://www.polymem.fr processes Personal Data, https://www.polymem.fr takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which https://www.polymem.fr processes them.
7.2. Purpose of the data collected
https://www.polymem.fr may process all or part of the data:
- to enable browsing on the Site and the management and traceability of the services ordered by the user: connection and Site usage data, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking …): hardware used for browsing, IP address, password (hash)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://www.polymem.fr: email address
- to carry out communication campaigns (sms, email): telephone number, email address
https://www.polymem.fr does not market your personal data, which are therefore only used out of necessity or for statistical and analytical purposes.
7.3. Right of access, rectification and opposition
In accordance with the European regulations in force, the Users of https://www.polymem.fr have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completion of Users’ data right of blocking or erasure of Users’ personal data (Article 17 GDPR), 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)
- the right to limit the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of Users’ data (Article 21 GDPR)
- the right to the portability of the data provided by Users, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- the right to define the fate of the Users’ data after their death and to choose to whom https://www.polymem.fr will have to communicate (or not) their data to a third party that they will have designated beforehand
As soon as https://www.polymem.fr becomes aware of the death of a User and in the absence of instructions from him or her, https://www.polymem.fr undertakes to destroy his or her data, except if their conservation proves necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://www.polymem.fr uses his or her Personal Data, asks to rectify them or objects to their processing, the User may contact https://www.polymem.fr in writing at the following address:
Polymem – DPO, Christophe Peuch
3 rue de l’industrie 31320 Castanet Tolosan.
In this case, the User must indicate the Personal Data that he or she would like https://www.polymem.fr to correct, update or delete, identifying himself or 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 https://www.polymem.fr by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://www.polymem.fr may file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4. Non-disclosure of personal data
https://www.polymem.fr is prohibited from processing, hosting or transferring the Information collected on its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without prior notice to the Customer. Nevertheless, https://www.polymem.fr 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 (GDPR: n° 2016-679).
https://www.polymem.fr 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 affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.polymem.fr, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, https://www.polymem.fr does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://www.polymem.fr 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 https://www.polymem.fr are mainly the agents of our customer service.
7.5. Types of data collected
Concerning the users of a Site https://www.polymem.fr, we collect the following data which are essential to the operation of the service, and which will be kept for a maximum period of 9 months after the end of the contractual relationship: surname, first name, title, postal address, email, telephone number, position.
8. Incident notification
No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their accounts and to providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://www.polymem.fr is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of https://www.polymem.fr and its rights would allow the transmission of the said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site https://www.polymem.fr.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.polymem.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://www.polymem.fr takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hyperlinks “cookies” and internet tags
The site https://www.polymem.fr contains a certain number of hypertext links to other sites, set up with the authorisation of https://www.polymem.fr. However, https://www.polymem.fr is not in a position to verify the content of the sites thus visited, and consequently assumes no responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, bearing in mind that this may reduce or prevent access 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 stored on the User’s terminal (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, and the date and time of access. Cookies do not in any way risk damaging the User’s terminal.
https://www.polymem.fr is likely to process the User’s information concerning his/her visit to the Site, such as the pages consulted, searches carried out. This information enables https://www.polymem.fr to improve the content of the Site and the User’s navigation.
As Cookies facilitate navigation and/or the provision of services offered by the Site, the User may configure his browser to allow him to decide whether or not 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 may also configure his browser software so that he is offered the possibility of accepting or rejecting Cookies from time to time, before a Cookie is likely to be saved in his device. https://www.polymem.fr informs the User that, in this case, it is possible that not all the functions of his browser software are 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 navigation and experience on the Site may be limited. This may also be the case when https://www.polymem.fr 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 appears to be connected to the Internet.
Where applicable, https://www.polymem.fr declines all responsibility for the consequences related to the degraded functioning of the Site and any services possibly offered by https://www.polymem.fr, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.polymem.fr to record or consult the Cookies necessary for their functioning due to the User’s choice. The configuration of each browser is different for the management of Cookies and the User’s choices. It is described in the browser’s help menu, which will show how the User can modify his wishes regarding Cookies.
At any time, the User may choose to express and modify his/her wishes regarding Cookies. https://www.polymem.fr may also 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 the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Website of https://www.polymem.fr or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the Website or the mobile application of https://www.polymem.fr, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent to them by continuing your navigation on the Website or the mobile application of https://www.polymem.fr. At any time, the User may nevertheless revoke his/her consent for https://www.polymem.fr to deposit this type of cookies.
9.2. Balises (“tags”) internet
https://www.polymem.fr may occasionally use Internet tags (also called “tags”, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and thus store corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows https://www.polymem.fr to evaluate the responses of visitors 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 this Site by the User.
The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for https://www.polymem.fr, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction
Any dispute in connection with the use of the site https://www.polymem.fr is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Toulouse.