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LEGAL NOTICES

Find all the legal information concerning our website.

Definitions

Client: any capable natural person or business, as per Articles 1123 et seq. of the French Civil Code, or any legal entity who visits the website that is the subject of these general terms and conditions.

Products and Services: https://www.kodiris.com makes available to Clients:

Content: All items constituting the information present on the website, notably text, images, and videos.

Client information: Hereinafter referred to as “Information,” corresponding to all personal data that may be held by https://www.kodiris.com for management of your account, for management of the client relationship, and for the purposes of analysis and statistics.

User: An internet user who connects to or uses the website mentioned above.

Personal Information: “Information in any form whatsoever that enables, directly or indirectly, the identification of the physical person to which it applies” (Article 4 of French Law No. 78-17 of 06 January 1978).

The terms “personal data,” “data subject,” “data processor,” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Overview of the website.

Under Article 6 of French Law No. 2004-575 of 21 June 2004 “For Confidence in the Digital Economy,” users of the website https://www.kodiris.com are hereby informed of the identities of the different actors involved in the creation and maintenance of the website:

Owner: SARL KODIRIS, share capital of €15,000, VAT number: FR22851805762 – Zone d’activité de l’Aéropôle - 165 rue Georges Guynemer 44150 Ancenis-Saint-Géréon, France

Director of Publication: KODIRIS – contact(at)kodiris.fr

The Director of Publication is a natural person or legal entity.

Webmaster: MonsieurCom – contact(at)monsieurcom.fr

Host: 1and1 – 7 Place de la Gare 57200 Sarreguemines, France – +33 (0)970 808 911

Data Protection Officer: David Brion – contact(at)kodiris.fr

These GDPR legal notices were produced by the GDPR legal notices engine from Orson.io.

2. General terms and conditions of usage of the website and of the services offered.

The website constitutes intellectual property protected by the provision of the French Intellectual Property Code and by applicable international regulations. The Client may not in any way reuse, transfer, or exploit on their own behalf any of the elements or works of the website.

Usage of the website https://www.kodiris.com implies full and total acceptance of the general terms and conditions of usage provided hereinafter. These terms and conditions of usage may be modified or supplemented at any time. As such, users of the website https://www.kodiris.com are invited to regularly refer to them.

This website is generally accessible to users at all times. KODIRIS may nonetheless decide to interrupt service on the website for technical maintenance. KODIRIS will strive to communicate to users in advance the dates and times of maintenance. The website https://www.kodiris.com is regularly updated by the manager of https://www.kodiris.com. Similarly, the legal notices may be modified at any time: the user is nonetheless bound by them and is invited to refer to them as often as possible in order to be aware of them.

3. Description of services provided.

The website https://www.kodiris.com is intended to provide information regarding all of the activities of the company. KODIRIS strives to provide on the website https://www.kodiris.com information that is as precise as possible. However, KODIRIS cannot be held responsible for forgotten, incorrect, or incomplete items in the update, whether they are due to the actions of KODIRIS or of third-party partners who provide such information to KODIRIS.

All of the information indicated on the website https://www.kodiris.com is given for informational purposes and may change. Furthermore, the information appearing on the website https://www.kodiris.com is not exhaustive. It is given while being subject to modifications that may have been made since it was put online.

4. Contractual limitations on technical data.

The website uses JavaScript. The website cannot be held liable for material damage related to the usage of the website. Furthermore, the user of the website undertakes to access the website using recent equipment not containing any viruses and with an updated, latest-generation browser. The website https://www.kodiris.com is hosted by a service provider within the territory of the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The goal is to provide a service that is as accessible as possible. The host provides continuity of service 24 hours a day, every day of the year. Nevertheless, the host reserves the right to interrupt the hosting service for the shortest durations possible, particularly for the purposes of maintenance, improvement of its infrastructure, deficiencies in its infrastructure, or if the products and services generate traffic considered abnormal.

KODIRIS and the host cannot be held responsible in the event of a malfunction of the internet connection, of telephone lines, or of connected IT and telephone equipment, notably is the network becomes overwhelmed, preventing access to the server.

5. Intellectual property and counterfeit.

KODIRIS is the owner of the intellectual property rights and holds usage rights for all elements accessible on the website, notably the text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation, in whole or in part, of the elements of the website, no matter the means or procedure used, is prohibited unless prior authorisation is given in writing from KODIRIS.

Any unauthorised usage of the site or of any of the elements that it contains shall be considered an act of counterfeit and shall be prosecuted under the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations on liability.

KODIRIS acts as publisher of the website https://www.kodiris.com. KODIRIS is responsible for the quality and veracity of the Content that it publishes.

KODIRIS cannot be held liable for direct or indirect damage caused to equipment of the user while accessing the website https://www.kodiris.com and resulting either from usage of equipment that does not meet the specifications indicated in point 4 or from the appearance of a bug or incompatibility.

KODIRIS cannot be held liable for indirect damage (for example, loss of a contract or loss of an opportunity) arising after usage of the website https://www.kodiris.com. Interactive spaces of the website (e.g., option to ask questions through the contact form) are available to users. KODIRIS reserves the right to delete, without prior formal notice, any content placed in this space that might violate laws applicable in France, particularly provisions related to data protection. Where applicable, KODIRIS also reserves the right to pursue a user for civil and/or criminal liability, particularly in the cases of messages sent that are racist, abusive, defamatory, or pornographic, no matter the medium used (text, photo, etc.).

7. Management of personal data.

The Client is hereby informed of the regulations regarding marketing communications, the French Law of 21 June 2014 “For Confidence in the Digital Economy,” the French “IT and Freedoms Law” of 06 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Persons responsible for personal data collection.

For personal data collected through the creation of the personal account of the user and through their navigation on the website, the data controller is: KODIRIS (https://www.kodiris.com), represented by David Brion, its legal representative.

As the data controller for the data it collects, KODIRIS undertakes to adhere to all legal provisions in effect. In particular, KODIRIS is responsible for informing the Client of the purposes for its data processing, for providing to current and prospective clients, upon collection of their consent, complete information on the processing of their personal data, and for maintaining an accurate register of data processing. Each time that KODIRIS processes personal data, KODIRIS takes all reasonable measures to ensure the correctness and relevance of the personal data in regard to the purposes for which KODIRIS processes them.

7.2 Uses of data collected.

KODIRIS may process all or part of the data:

to enable navigation on the website and the tracking of Products and Services ordered by the user: data on website connection and usage, billing, order history, etc.

to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)

to improve navigation on the website: connection and usage data

to conduct optional satisfaction surveys regarding https://www.kodiris.com: email address

to conduct communications campaigns (via SMS or email): telephone number, email address

KODIRIS does not sell your personal data. They are thus only used as needed or for statistical and analytical purposes.

7.3 Right to access, rectify, and oppose.

In accordance with European regulations in effect, users of https://www.kodiris.com have the following rights:

the right to access (GDPR Article 15), rectify (GDPR Article 16), update, and complete user data; the right to lock or erase user data of a personal nature (GDPR Article 17) when said data are incorrect, incomplete, erroneous, or obsolete, or when their collection usage, sharing, or storage is prohibited;

the right to withdraw consent at any time (GDPR Article 13-2c);

the right to limit processing of user data (GDPR Article 18);

the right to oppose processing of user data (GDPR Article 21);

the right to a portable copy of data provided by the user when said data are subject to automated processing based on the consent of the user or based on a contract (GDPR Article 20);

the right to determine what happens to the data of the user after their death and to choose the third party to whom KODIRIS must transfer (or not) their data.

As soon as KODIRIS is made aware of the death of a user, in the absence of instructions from said user, KODIRIS undertakes to destroy their data, unless preservation thereof is required for evidential reasons or to comply with a legal obligation.

If the user wishes to learn how KODIRIS uses their personal data, to ask to have them rectified, or to oppose their processing, the user can contact KODIRIS by writing to the following address: KODIRIS – DPO, David Brion

Zone d’activité de l’Aéropôle - 165 rue Georges Guynemer 44150 Ancenis-Saint-Géréon, France.

In that case, the user must indicate the personal data that they want KODIRIS to correct, update, or delete, with the user clearly identifying themself with a copy of proof of identity (identification card or passport).

Requests to delete personal data shall be subject to the obligations imposed on KODIRIS by law, notably as regards the storage or archiving of documents. Finally, users of https://www.kodiris.com may file a complaint with supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Not transferring personal data.

KODIRIS shall refrain from processing, hosting, or transferring information collected about Clients to countries located outside of the European Union or considered “inadequate” by the European Commission, without first informing the Client. Notwithstanding, KODIRIS remains free to choose its technical and sales contractors, on the condition that they offer sufficient guarantees as regards the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

KODIRIS undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not shared with unauthorised persons. However, if KODIRIS is made aware of an incident impacting the integrity or confidentiality of the Information of the Client, KODIRIS must inform the Client as soon as possible and communicate to them the corrective measures taken. Furthermore, KODIRIS does not collect any “sensitive data.”

User personal data may be processed by subsidiaries of KODIRIS and of its contractors (service providers), exclusively to fulfil the purposes hereof.

Limited to their respective duties and the aforementioned purposes, the main people who may have access to the data of users of https://www.kodiris.com are the agents of the KODIRIS customer service department.

8. Incident notification.

No matter the measures taken, no method of data transmission over the internet and no method of electronic storage are completely secure. As such, KODIRIS cannot guarantee absolute security. If KODIRIS becomes aware of a security breach, it will alert the affected users so that they may take appropriate action. The incident notification procedures of KODIRIS take into account its legal obligations at both the French national and European levels. KODIRIS undertakes to fully inform its Clients of all matters relating to the security of their accounts and to provide to them all necessary information to help them comply with their own regulatory obligations related to reporting.

No user personal information held by the website https://www.kodiris.com is published without the knowledge of the user, nor is it exchanged, transferred, given, or sold to third parties in any format whatsoever. Only the case of KODIRIS and its intellectual property rights being acquired would enable the transfer of said information to the buyer, which would in turn be held to the same obligations for the storage and modification of data concerning users of the website https://www.kodiris.com.

Security.

To ensure the security and confidentiality of personal data, including personal health data, KODIRIS uses networks protected by standard measures such as a firewall, pseudonymisation, encryption, and passwords.

When processing personal data, KODIRIS takes all reasonable measures to protect against their loss, improper usage, unauthorised access, disclosure, alteration, or destruction.

9. Hyperlinks, cookies, and web tags.

The website https://www.kodiris.com contains a number of hyperlinks to other websites, put in place with the authorisation of KODIRIS. However, KODIRIS is not able to verify the content of the websites visited using the hyperlinks and, as such, shall not assume any responsibility for users who do so. Unless you decide to deactivate the cookies, you agree to allow the website to use them. You can deactivate these cookies at any time for free using the deactivation options offered to you, described below; however, deactivation of cookies may reduce or hinder access to all or part of the Services offered by the website.

9.1. Cookies.

A cookie is a small computer file sent to the browser of the user and saved on the terminal of the user (e.g., computer, smartphone), hereinafter referred to as “Cookies.” The Cookies store information such as the domain name of the user, the internet service provider of the user, the operating system of the user, and the date and time of access. The Cookies do not in any case present a risk of causing damage to the terminal of the user.

KODIRIS may process the information of the user regarding their visit to the website, such as the pages visited and searches made. This information helps KODIRIS improve the contents of the website and navigation for the user.

The Cookies facilitate the navigation and/or provision of the Services offered by the website. The user can configure their browser so that they can decide whether or not to allow the Cookies to be saved on the terminal or, otherwise, to reject them, either systematically or according to the issuer. The user can also configure their navigation software so that the option for acceptance or refusal of the Cookies is offered to them on an ad hoc basis before a Cookie can be saved on their terminal. KODIRIS hereby informs the user that, in that case, the functions of their navigation software may not all be available.

If the user refuses the storage of Cookies on their terminal or in their browser, of if the user deletes Cookies saved there, the user is hereby informed that their navigation and experience on the website may be limited. This may also be the case when KODIRIS or one of its service providers is unable to recognise, for the purposes of technical compatibility, 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, KODIRIS refuses all liability for the consequences of the diminished functioning of the website and of the services that may be offered by KODIRIS resulting from (i) refusal of Cookies by the user or (ii) the inability of https://www.kodiris.com to save or consult the Cookies needed for the functioning of the website and services due to the choice of the user. To manage the Cookies and choices of the user, the configuration of each browser is different. Configuration is described in the help menu of the browser, which will inform the user of how they can modify their Cookie preferences.

The user can express and modify their Cookie preferences at any time. KODIRIS may also resort to the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons for the social networks Twitter, Facebook, LinkedIn, and Google Plus appearing on the website https://www.kodiris.com or in its mobile application, and if the user has accepted the placement of Cookies by continuing their navigation on the website or in the KODIRIS mobile application, Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on the terminals of the user (computer, tablet, or smartphone).

These types of cookies are only placed on the terminals if the user consents by continuing their navigation on the KODIRIS website or mobile application. At any time, the user may modify their consent to https://www.kodiris.com placing this type of cookie.

Article 9.2. Web tags.

The website https://www.kodiris.com may occasionally use web tags (also called a web beacon, tracking bug, 1x1 GIF, clear GIF, tracking pixel, or pixel tag), deploying them via a partner that specialises in web analysis who may be located (and thus store the corresponding information, including the IP address of the user) in a country other than France.

These web beacons are placed both in online advertising, helping internet users access the website, and on the various pages of the website.

Web beacons help KODIRIS evaluate the responses of visitors to the website and the efficiency of its actions (for example, the number of times a page is opened and its information is viewed), as well as usage of the website by the user.

The external service provider may collect information about visitors to the website and to other websites using these beacons, may create reports for KODIRIS on activity of the website, and may provide other services related to usage of the website and of the internet.

10. Applicable law and assignment of jurisdiction.

All disputes related to the usage of the website https://www.kodiris.com are subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is assigned to the competent courts in Nantes, France. KODIRIS business registration number: B 851 805 762.

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contact(at)kodiris.fr
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