LEGAL NOTICE
GLOSSARY
Client : any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Benefits and Services : SAS TIJUCA provides Customers with:
– Content : All elements constituting the information present on the Site, notably texts – images – videos.
– Customer information : Hereafter referred to as “Information(s)” which correspond to all personal data likely to be held by SAS TIJUCA for the management of your account, customer relationship management and for analysis and statistical purposes.
User : Internet user connecting to, using the aforementioned site.
Personal information : “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)
1. PRESENTATION OF THE WEBSITE.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website are informed SAS TIJUCA the identity of the various stakeholders in its implementation and monitoring:
Owner : SAS TIJUCA VAT number: FR 47 877861393 – 54, Cours Anatole France 33000 Bordeaux FRANCE
Publication manager : Céline Biais – celine.biais@tijuca.fr
The publication manager is a natural person or a legal entity.
Webmaster : Agence HATCHI – Océane JOSSELIN
Host : O2 Switch: Chem. des Pardiaux, 63000 Clermont-Ferrand
Data Protection Officer : Céline Biais – celine.biais@tijuca.fr
2. GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
Use of the site SAS TIJUCA 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 site SAS TIJUCA are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance reasons may however be decided by SAS TIJUCA, which will then endeavour to communicate to users in advance the dates and times of the intervention. The website SAS TIJUCA is updated regularly by SAS TIJUCA responsible. Similarly, the legal notices may be modified at any time: they nevertheless apply to the user who is invited to refer to them as often as possible in order to be aware of them.
3. DESCRIPTION OF SERVICES PROVIDED.
The website SAS TIJUCA aims to provide information concerning all of the company's activities. SAS TIJUCA strives to provide on the site SAS TIJUCA information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to its own actions or those of third-party partners who provide it with this information.
All information given on the site SAS TIJUCA are given for information purposes only and are subject to change. Furthermore, the information on the site SAS TIJUCA are not exhaustive. They are given subject to modifications having been made since they were put online.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA.
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with an up-to-date latest generation browser. The site SAS TIJUCA is hosted by a service provider in 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 provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructure, failure of its infrastructure or if the Services generate traffic deemed abnormal.
SAS TIJUCA and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. INTELLECTUAL PROPERTY AND COUNTERFEITING.
SAS TIJUCA owns the intellectual property rights and holds the usage rights on all elements accessible on the website, including 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 process used, is prohibited, except with the prior written authorization of: SAS TIJUCA.
Any unauthorized use of the site or any of the elements it contains will be considered to constitute an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
6. LIMITATIONS OF LIABILITY.
SAS TIJUCA acts as publisher of the site. SAS TIJUCA is responsible for the quality and veracity of the Content it publishes.
SAS TIJUCA cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the website. SAS TIJUCA, 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.
SAS TIJUCA may also not be held responsible for indirect damages (such as for example a loss of market or loss of an opportunity) resulting from the use of the site SAS TIJUCAInteractive spaces (possibility of asking questions in the contact space) are available to users. SAS TIJUCA reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, SAS TIJUCA also reserves the right to bring civil and/or criminal proceedings against the user, particularly in the event of a message of a racist, offensive, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).
7. MANAGEMENT OF PERSONAL DATA.
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).
7.1 PERSONS RESPONSIBLE FOR THE COLLECTION OF PERSONAL DATA
For Personal Data collected as part of the creation of the User's personal account and their browsing on the Site, the controller of the Personal Data is: SAS TIJUCA. SAS TIJUCA is represented by Delpech, its legal representative
As the controller of the data it collects, SAS TIJUCA undertakes to comply with the framework of the legal provisions in force. It is in particular the Client's responsibility to establish the purposes of its data processing, to provide its prospects and customers, based on the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing operations that is in line with reality. Whenever SAS TIJUCA processing of Personal Data, SAS TIJUCA takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which SAS TIJUCA treats them.
7.2 PURPOSE OF THE DATA COLLECTED
SAS TIJUCA is likely to process all or part of the data:
- to enable navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data for the Site, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on SAS TIJUCA : e-mail address
- to conduct communication campaigns (SMS, email): telephone number, email address
SAS TIJUCA does not market your personal data, which is therefore only used when necessary or for statistical and analytical purposes.
7.3 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION
In accordance with current European regulations, Users of SAS TIJUCA have the following rights:
- right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of User data right to block or erase User personal data (article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or conservation 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 User data (article 21 GDPR)
- right to the portability of data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
- right to define the fate of Users' data after their death and to choose who SAS TIJUCA must communicate (or not) their data to a third party that they have previously designated
As soon as SAS TIJUCA is aware of the death of a User and in the absence of instructions from him, SAS TIJUCA undertakes to destroy its data, unless their retention proves necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how SAS TIJUCA uses his Personal Data, requests to rectify them or opposes their processing, the User can contact SAS TIJUCA in writing to the following address:
SAS TIJUCA DPO
54, Cours Anatole France, 33000 Bordeaux, France
In this case, the User must indicate the Personal Data that he would like to be SAS TIJUCA corrects, updates or deletes, by identifying yourself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations that are imposed on SAS TIJUCA by law, particularly with regard to the conservation or archiving of documents. Finally, Users of SAS TIJUCA may file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 NON-COMMUNICATION OF PERSONAL DATA
SAS TIJUCA prohibits itself from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “inadequate” by the European Commission without first informing the customer. However, SAS TIJUCA remains free to choose its technical and commercial subcontractors on the condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
SAS TIJUCA undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client’s Information is brought to the attention of SAS TIJUCA, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore SAS TIJUCA does not collect any “sensitive data”.
The User's Personal Data may be processed by subsidiaries of SAS TIJUCA and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of the Users of SAS TIJUCA are mainly our customer service agents.
8. INCIDENT NOTIFICATION
Despite our best efforts, no method of transmission over the Internet, and no method of electronic storage, is completely secure. We cannot guarantee its absolute security. If we become aware of a security breach, we will notify affected users 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 fully informing our customers of all matters relating to the security of their account and to providing 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 SAS TIJUCA is not published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of SAS TIJUCA and its rights would allow the transmission of said information to the potential purchaser who would in turn be bound by the same obligation to retain and modify the data with respect to the user of the site. SAS TIJUCA.
SECURITY
To ensure the security and confidentiality of Personal Data and Personal Health Data, SAS TIJUCA uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data,SAS TIJUCA takes all reasonable steps to protect them from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. HYPERTEXT LINKS “COOKIES” AND INTERNET TAGS
The website SAS TIJUCA contains a number of hyperlinks to other sites, set up with the authorization of SAS TIJUCA. However, SAS TIJUCA does not have the possibility to verify the content of the sites visited, and will therefore not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge using the deactivation options offered to you and recalled below, knowing 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 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 access provider, the User’s operating system, as well as the date and time of access. Cookies do not in any way risk damaging the User’s terminal.
SAS TIJUCA is likely to process the User's information concerning his visit to the Site, such as the pages consulted, the searches carried out. This information allows SAS TIJUCA to improve the content of the Site and the User’s navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser to allow him to decide whether or not he wishes to accept them so that Cookies are saved in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or rejection of Cookies is offered to him punctually, before a Cookie is likely to be saved in his terminal. SAS TIJUCA informs the User that, in this case, the functionalities of their browser software may not all be available.
If the User refuses the recording of Cookies in his terminal or browser, or if the User deletes those that are recorded there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when SAS TIJUCA 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.
If applicable,SAS TIJUCA declines all responsibility for the consequences linked to the degraded functioning of the Site and the services possibly offered by SAS TIJUCA, resulting (i) from the User's refusal of Cookies (ii) from the impossibility for SAS TIJUCA to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how the User can modify their wishes regarding Cookies.
At any time, the User may choose to express and modify his wishes regarding Cookies. SAS TIJUCA 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 Site of SAS TIJUCA or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Website or the mobile application of SAS TIJUCA, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
Ces types de cookies ne sont déposés sur vos terminaux qu’à condition que vous y consentiez, en continuant votre navigation sur le Site Internet ou l’application mobile de SAS TIJUCA. At any time, the User may nevertheless withdraw his consent to SAS TIJUCA deposits this type of cookies.
ARTICLE 9.2. INTERNET TAGS
SAS TIJUCA may occasionally use Internet tags (also known as “tags”, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist web analytics partner who 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 online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows SAS TIJUCA to evaluate visitors’ responses 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 User’s use of this Site.
The external service provider may possibly collect information on visitors to the Site and other Internet sites using these tags, compile reports on the activity of the Site for the attention of SAS TIJUCA, and provide other services relating to the use of this Site and the Internet.
10. APPLICABLE LAW AND JURISDICTION.
Any dispute relating to the use of the site SAS TIJUCA is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Bordeaux