PRIVACY POLICY

General Terms and Conditions of Use (GTCU)

Privacy Policy – RGPD / GDPR

Information for users of vertigoblue.fr and voile-escalade.com regarding our terms of use and the provisions relating to the RGPD regulations.

Definitions and terminology

The site: The vertigoblue.fr and voile-escalade.com website accessible through the URL https://vertigoblue.fr and https://voile-escalade.com cited in this document as “the site” or “of the site” or “The website”.

User: any 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 terms and conditions.

Contents, Services and Benefits: the site makes available to visitors and/or customers : Information on the activities of the company Vertigo Blue.

Customer Information: hereinafter referred to as “Information (s)” which corresponds to all personal data that may be held by the site for the management of visitor relations and the smooth running of the site.

User: Internet user connecting, using the above-mentioned 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 n° 78-17 of 6 January 1978).
The terms “personal data”, “person concerned”, “subcontractor” and “sensitive data” have the meaning defined by the General Regulations on Data Protection (RGPD: n° 2016-679).

1. Presentation of the website.

In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website are informed of the identity of the various parties involved in its creation and monitoring:

Owner/Publisher: Sarah Marquina and Andrea Zecca, Résidence Le Muscat, Rue Michel Clerc, 34110 La Peyrade-Frontignan

Publication manager: Sarah Marquina – contact[arobas]vertigoblue.fr
Designer/integrator :Mediapluriel/Infoweb – contact[arobas]mediapluriel.fr
Hosting : Infoweb – contact[arobas]mediapluriel.fr
Data Protection Officer (DPD/DPO) : Sarah Marquina – contact[arobas]vertigoblue.fr

2. General terms and conditions of use of the site and the services offered.

The Site constitutes a work of the mind 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 of the site.

Use of the site 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 are therefore invited to consult them regularly.

This website is accessible to users at all times. An interruption for technical maintenance may however be necessary.

3. Description of the services provided.

The purpose of the website is to provide information concerning all of the company’s activities.
We endeavour to provide information on the website that is as accurate as possible. However, we cannot be held responsible for any omissions, inaccuracies or inaccuracies in the content, whether caused by us or by third party partners who provide or integrate this information.

All the information on the site is given for information purposes only and is subject to change. Furthermore, the information on the site 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. Moreover, the user of the site undertakes to access the site using recent equipment, free of viruses and with a latest-generation browser updated.
The site is hosted on the territory of the European Union ( France ) in accordance with the provisions of the General Regulation on Data Protection (RGPD : 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.

Mediapluriel/Infoweb and the host cannot be held responsible in case of malfunction 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 counterfeits.

The designer of the site 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, whatever the means or process used, is prohibited, except prior written authorization of : Vertigo Blue/ Mediapluriel/Infoweb.

Any unauthorized use of the site or any of the elements it contains will be considered as 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.

The owner of the site as publisher of the site is responsible for the quality and truthfulness of the content published, subject to his good faith.

He/she cannot be held responsible for any direct or 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 usual specifications or from the appearance of a bug or incompatibility.

Neither the owner/publisher nor the host of the site can be held responsible for indirect damages resulting from the use of the site.
A support form or email address is always available to visitors. The publisher 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, he/she 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 paedophilic nature, whatever 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 Regulations on Data Protection (RGPD: no. 2016-679).

7.1 Persons responsible for the collection of personal data

If personal data is collected, the person responsible for processing Personal Data is mentioned at the head of this document on the line: Data Protection Officer

As the person responsible for processing the data collected, he/she undertakes to respect the framework of the legal provisions in force. In particular, it is incumbent upon him/her to establish the purposes of his/her data processing, to provide his/her prospects and clients, on the basis of the collection of their consents, with full information on the processing of their personal data and to maintain a register of the processing in accordance with reality.
Whenever the site processes Personal Data, the DPO takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which the site processes them.

7.2 Purpose of the data collected

The site 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 data and use of the Site, invoicing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hash), etc.
to improve navigation on the Site: connection and usage data
to carry out communication campaigns: telephone number, email address

The site does not market your personal data, which are therefore only used out of necessity or for technical, statistical and analytical purposes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, the Users of the aforementioned site have the following rights:

right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completion of Users’ data, right to block or erase Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited.

right to withdraw consent at any time (article 13-2c GDMP)

right to limit the processing of Users’ data (Article 18 DPMR)

right to object to the processing of Users’ data (Article 21 RGPD)

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 GDR)

the right to determine the fate of the Users’ data after their death and to choose to whom the said data should (or should not) be communicated to a third party previously appointed

As soon as the site becomes aware of the death of a User and in the absence of instructions from him or her, the site undertakes to destroy his or her data, unless it is necessary to keep them for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how the site uses his/her Personal Data, to ask for corrections or to oppose their processing, the User may contact the DPO/DPD by email at the following address:

contact[arobas]vertigoblue.fr

In this case, the User must indicate the personal data that he or she would like to see corrected, updated or deleted, the URL where they are present and identify himself or herself precisely with a copy of an identity document (valid identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on the site managers by law, in particular with regard to the conservation or archiving of documents. Finally, Users of the site may lodge a complaint with the control authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

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

The site undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the site’s attention, the site must inform users as soon as possible if it has their contact details and communicate the corrective measures taken.

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 site are mainly the authorized technicians working on the site.

8. Notification of incidents

Despite the care taken in our computer security policies, no method of transmission over the Internet and no method of electronic storage is completely secure. As a result, 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 reporting procedures take into account our legal obligations, whether at a 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 is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only authorised persons have secure access to user data.

Security

To ensure the security and confidentiality of personal data, the site uses networks protected by high-performance devices such as firewalls, pseudonymization, encryption and strong passwords, plus other non-disclosable procedures.

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

9. Hypertext links “cookies” and internet tags

The site contains a certain number of hypertext links to other sites, set up with its approval. However, the site has no possibility of verifying 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 websites in general.

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.

The Site is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and searches carried out. This information enables the sites to improve the content of the Site and the User’s navigation.

Cookies facilitate navigation and/or the provision of the services offered by the Site. Users can configure their browsers to allow them 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 stored on his terminal. The site 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 to accept the registration of Cookies in his or her terminal or browser, or if the User deletes those registered, the User is informed that his or her browsing and experience on the Site may be limited. This may also be the case when the Site 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, the site declines all responsibility for the consequences related to the degraded functioning of the Site and any services possibly offered by the site resulting from the User’s refusal to accept Cookies due to the site’s inability 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 make it possible to find out how the User can modify his wishes regarding Cookies.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin, Youtube and Google Plus appearing on the Website 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 linked to the Website, Twitter, Facebook, Linkedin, Youtube and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are deposited on your terminals only if you consent to them by continuing your navigation on the Website or the mobile application linked to the site. At any time, the User may nevertheless revoke his consent to the site depositing this type of cookies.

Instructions for managing or disabling cookies on your terminal:

https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

Article 9.2. INTERNET TAGS

The Site 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 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 certain sites 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 through these tags, compile reports on the use of the Site and other websites, and provide the User with information about the Site’s content and the effectiveness of the Site’s actions.

10. Applicable law and jurisdiction.

Any dispute in connection with the use of the above-mentioned site is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Montpellier (France).