Customer: any professional or natural person with capacity within the meaning of Articles 1123 and thereafter of the Civil Code, or legal entity, that visits the Site governed by these general terms and conditions.
Services: https://www.naoden.com/ provides Customers with the following:
Content: All the elements constituting the information on the Site, including texts, images and videos.
Customer information: Hereinafter “Information”, which corresponds to any personal data held by https://www.naoden.com/ for the management of your account, the management of customer relations and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: “Information that enables, in any form, whether or not directly, the identification of the natural persons to whom it applies” (article 4 of Act 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: No. 2016-679)
1. Presentation of the website.
Pursuant to article 6 of Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.naoden.com/ website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SAS NAODEN; Share capital: €151,480; VAT number: FR02809137169; Address: 10 rue des Usines 44200 Nantes
Publication Manager: Erik Mouillé
The publication manager is a natural person or legal entity.
Webmaster: Damien Hervé
Hoster: OVH – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Emilie Ahlam Schamel
The legal notices are taken from the template proposed by the GDPR legal notice generator of Orson.io
2. General terms and 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 the applicable International Regulations. Customers may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.
Use of the site https://www.naoden.com/ implies full and unreserved acceptance of the general terms and conditions of use described below. These terms and conditions of use may be modified or expanded at any time, and users of the site https://www.naoden.com/ are thus asked 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.naoden.com/, which will then endeavour to inform users in advance of the dates and times of the intervention. The website https://www.naoden.com/ is updated regularly by the webmaster after the publication manager’s approval. Likewise, the legal notices may be modified at any time: they are nevertheless binding on the user, who is asked to refer to them as often as possible to take note of them.
3. Description of the services provided.
The purpose of the site https://www.naoden.com/ is to provide information concerning all the company’s activities. https://www.naoden.com/ endeavours to provide information on the site https://www.naoden.com/ that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or insufficient updating, whether these are its own fault or the fault of third-party partners that provide this information.
All information on the site https://www.naoden.com/ is given for information purposes only and is subject to change. Furthermore, the information on the site https://www.naoden.com/ is not exhaustive. It is provided subject to any modifications made since it was put on line.
4. Contractual limitations on technical data.
The objective is to provide a service that ensures the best rate of accessibility. The web host provider ensures the continuity of its service 24/365. However, it reserves the right to interrupt the hosting service for the shortest possible times, mainly for maintenance purposes, to improve its infrastructures, if there is a breakdown in its infrastructures or if the Services generate traffic considered abnormal.
https://www.naoden.com/ and the web host provider cannot be held responsible in the event of malfunctions in the Internet, telephone lines or computer and telephone equipment, linked in particular with network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://www.naoden.com/ is the owner of intellectual property rights and holds rights of use for all the elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of https://www.naoden.com/.
Any unauthorised use of the site or any elements it contains will be considered as constituting an infringement and will be prosecuted pursuant to the provisions of articles L.335-2 and thereafter of the Intellectual Property Code.
6. Limitations of liability.
https://www.naoden.com/ acts as the site’s publisher. https://www.naoden.com/ is responsible for the quality and veracity of the Content it publishes.
https://www.naoden.com/ cannot be held responsible for direct or indirect damage caused to the user’s equipment when accessing the website https://www.naoden.com/, 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 an incompatibility.
https://www.naoden.com/ cannot be held responsible either for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the website https://www.naoden.com/. Interactive spaces (making it possible to ask questions in the contact space) are available to users. https://www.naoden.com/ reserves the right to delete without prior notice any content posted in this area that contravenes the legislation applicable in France, in particular provisions concerning data protection. Where applicable, https://www.naoden.com/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
7. Personal data management
Customers are informed of the regulations concerning marketing communication, the Act of 21 June 2014 on 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 Parties responsible for the collection of personal data
With the Personal Data collected in the context of creating Users’ personal accounts and their navigation on the Site, the data controller in charge of processing Personal Data is: NAODEN. https://www.naoden.com/ is represented by Erik Mouillé, its legal representative.
As the data controller in charge of processing the data it collects, https://www.naoden.com/ undertakes to respect the current legal provisions. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, once their consent has been collected, with full information on the processing of their personal data and to maintain a register of the processing that reflects the actual situation. Whenever https://www.naoden.com/ processes Personal Data, https://www.naoden.com/ takes all reasonable steps to ensure the accuracy and relevance of the Personal Data as regards the purposes for which https://www.naoden.com/ processes them.
7.2 Purpose of the data collected
https://www.naoden.com/ may process all or part of the data:
· to enable browsing on the Site and the management and traceability of the services ordered by users: login information and data on the use of the Site, invoicing, order history, etc.
· to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
· to improve browsing on the Site: login and use data
· to conduct optional satisfaction surveys on https://www.naoden.com/: email address
· to conduct communication campaigns (text messages, email): telephone number, email address
https://www.naoden.com/ does not sell your personal data, which are used for statistical and analysis purposes only.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, the Users of https://www.naoden.com/ have the following rights:
· the right to access (GDPR Article 15) and correct (GDPR Article 16), to update, to ensure the completeness of Users’ data, the right to block or delete Users’ personal data (GDPR Article 17) if they are inaccurate, incomplete, equivocal or outdated, or if their collection, use, communication or storage is prohibited
· the right to withdraw consent at any time (GDPR Article 13-2c)
· the right to limit the processing of Users’ data (GDPR Article 18)
· the right to oppose the processing of Users’ data (GDPR Article 21)
· the right to the portability of data provided by Users, where such data are subject to automated processing based on their consent or on a contract (GDPR Article 20)
· the right for Users to decide what happens to their data after their death and to choose to which third party, previously designated, https://www.naoden.com/ may (or not) communicate their data.
If https://www.naoden.com/ becomes aware of the death of a User and in the absence of instructions from this person, https://www.naoden.com/ undertakes to destroy his/her data, unless its storage is required for the purposes of proof or to meet a legal obligation.
If Users wish to know how https://www.naoden.com/ uses their Personal Data, wish to ask to rectify it or oppose their processing, they may contact https://www.naoden.com/ in writing at the following address:
NAODEN – DPO, Cyril Terrien
10 rue des Usines 44200 Nantes.
In this case, Users must indicate the Personal Data they wish https://www.naoden.com/ to correct, update or delete, identifying themselves 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.naoden.com/ by law, in particular with regard to the storage or archiving of documents. Lastly, Users of https://www.naoden.com/ may file a complaint with the supervisory authorities, in particular with the CNIL (French data protection authority) (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://www.naoden.com/ may not process, host or transfer Information collected on its Customers to a country located outside the European Union or recognised as “inadequate” by the European Commission without informing the customer in advance. However https://www.naoden.com/ remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.naoden.com/ must take all necessary precautions to preserve the security of the Information and ensure that it is not communicated to unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.naoden.com/, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, https://www.naoden.com/ does not collect any “sensitive data”.
Users’ Personal Data may be processed by subsidiaries of https://www.naoden.com/ and subcontractors (service providers), solely to achieve the purposes of this policy.
Within the limits of their respective assignments and for the purposes mentioned above, the persons most likely to have access to the data of the Users of https://www.naoden.com/ are the employees of our customer service.
8. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures factor in our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters concerning the security of their accounts, and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of users of the site https://www.naoden.com/ is published without the user’s knowledge, or exchanged, transferred, assigned or sold on any medium to third parties. Only the possible buyout of https://www.naoden.com/ and its rights would allow the transmission of this information to the possible purchaser, which would in turn be bound by the same obligations concerning the storage and modification of the data towards users of the site https://www.naoden.com/.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.naoden.com/ uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://www.naoden.com/prend takes all reasonable precautions to protect them from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The site https://www.naoden.com/ contains a number of hyperlinks to other sites, introduced with the authorisation of https://www.naoden.com/. However, https://www.naoden.com/ is unable to check the content of the sites visited in this way, and consequently will not assume any responsibility for this.
Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time at no charge using the deactivation options available, indicated below, given that this may reduce or prevent access to all or part of the Services provided by the site.
A “cookie” is a small information file sent to the User’s browser and stored in 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 in no way risk damaging the User’s terminal.
https://www.naoden.com/ is likely to process Users’ information concerning their visits to the Site, such as the pages consulted and the searches carried out. This information enables https://www.naoden.com/ to improve the Site content and Users’ browsing experience.
Cookies facilitate the browsing and/or provision of services offered by the Site, and Users may 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, are rejected, either systematically or depending on their sender. Users can also configure their browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie can be deposited on their terminal. https://www.naoden.com/ informs Users that, in this case, it is possible that not all the functions of their browser software will be available.
If Users refuse the storage of Cookies on their terminal or browser, or if Users delete those stored there, they are informed that their navigation and experience on the Site may be limited. This could also be the case if https://www.naoden.com/ or one of its service providers cannot recognise, 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.naoden.com/ declines all responsibility for consequences linked with the degraded functioning of the Site and any services offered by https://www.naoden.com/, resulting from (i) the refusal of Cookies by the User or (ii) the impossibility for https://www.naoden.com/ to deposit or consult the Cookies required for their functioning due to the User’s choice. The configuration of each browser is different as regards the management of Cookies and Users’ choices. It is described in the browser’s help menu, which will show how Users can modify their wishes concerning Cookies.
At any time, Users can choose to express and modify their wishes concerning Cookies. https://www.naoden.com/ may also call on external service providers to help it collect and process the information described in this section.
Lastly, if Users click on the icons dedicated to the social media Twitter, Facebook, Linkedin and Google Plus appearing on the Site https://www.naoden.com/ or in its mobile application and if Users have accepted the deposit of cookies by continuing to browse the site https://www.naoden.com/ or its mobile application, 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 browsing on the Website or the mobile application of https://www.naoden.com/. However, at any time, Users may revoke their consent for https://www.naoden.com/ to deposit these types of cookies.
Article 9.2. INTERNET TAGS
https://www.naoden.com/ 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 via a web analytics partner that may be located (and may therefore store information about them, including Users’ IP addresses) in a foreign country.
These tags are placed both in the online advertisements that allow users to access the Site, and on the various pages of the Site.
This technology enables https://www.naoden.com/ 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 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 Site activity for https://www.naoden.com/, and provide other services concerning the use of the Site and the Internet.
10. Applicable law and jurisdiction
Any dispute concerning the use of the site https://www.naoden.com/ is subject to French law. Except in cases where the law does not allow it, the competent courts of Nantes have exclusive jurisdiction.