Definitions
Client: any professional or capable individual as defined in Articles 1123 et seq. of the French Civil Code, or legal entity, that visits the Website that is the subject of these General Terms and Conditions.
Services: https://www.mark-france.com makes available to Clients:
Content: All the elements forming the information contained on the Website, in particular text – images – videos.
Client data: Hereinafter referred to as “Data”, which corresponds to all of the personal data likely to be stored by https://www.mark-france.com in order to manage your account, client relations and for analysis and statistics purposes.
User: Web user that connects to and uses the abovementioned website.
Personal information: “Information that makes it possible to identify, in any form whatsoever, directly or indirectly, the individuals to whom it applies” (Article 4 of French Law no. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)
Pursuant to Article 6 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://www.mark-france.com are hereby informed of the identity of the various parties involved in the creation and monitoring of the website:
Owner: SELARL @mark Share capital of €45,000.00 VAT number: FR70432751519 – 16 rue Milton 75009 Paris
Publication manager: Gilbert PIAT – gpiat@mark-france.com
The publication manager is an individual or a legal entity.
Webmaster: Gilbert PIAT – gpiat@mark-france.com
Hosting: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Jean-Marie ALGOUD – jmalgoud@mark-france.com
These GDPR legal notices were generated by the Orson.io GDPR legal notices generator
The Website constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable International Regulations.
The Client may not in any way reuse, transfer or exploit on its own behalf all or part of the elements or works on the Website.
Use of the Website https://www.mark-france.com entails full acceptance of the general terms and conditions of use set out below. These conditions of use may be modified or updated at any time, the users of the https://www.mark-france.com website are therefore encouraged to consult them on a regular basis.
This website is normally accessible to users at all times. An interruption for technical maintenance operations may however be decided by https://www.mark-france.com, which shall then takes steps to inform users in advance of the dates and times of the operations. The website https://www.mark-france.com is regularly updated by https://www.mark-france.com. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is encouraged to refer to them as often as possible in order to take note thereof.
The purpose of the Website https://www.mark-france.com is to provide information about all of the company’s activities. https://www.mark-france.com endeavours to provide on https://www.mark-france.com the most precise information possible. However, it cannot be held responsible for any omissions, inaccuracies or shortcomings in such updates, whether caused by it or by third-party partners who provide it with this information.
All information contained on https://www.mark-france.com are provided for information purposes only and are subject to change. Furthermore, the information provided on https://www.mark-france.com is non-exhaustive. The information provided subject to changes having occurred since it being published online.
The website uses JavaScript technology. The website cannot be held liable for any material damage relating to the use of the website. Furthermore, the user of the website undertakes to access the website using modern equipment, without viruses and using a latest generation and updated browser. https://www.mark-france.com is hosted by a service provider located within the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)
The aim is to provide a service that ensures the highest level of accessibility. The hosting provider ensures continuity of service 24 hours a day, every day of the year. It nevertheless reserves the right to pause hosting for the shortest possible time, in particular for maintenance, infrastructure upgrades, infrastructure failures or if the Services generate unusually high traffic.
https://www.mark-france.com and the host shall not be held liable in the event of failure of the internet network, telephone lines or computer and telephony equipment, relating in particular to network congestion preventing access to the server.
https://www.mark-france.com is the owner of the intellectual property rights and holds the rights of use over all the elements accessible on the website, in particular over texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements contained on the website, regardless of the means or process used, is prohibited, except with the prior written authorisation of: https://www.mark-france.com.
Any unauthorised use of the website or any of the information it contains shall be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.
https://www.mark-france.com is the publisher of the website. https://www.mark-france.com is responsible for the quality and accuracy of the Content it publishes.
https://www.mark-france.com shall not be held liable for any direct or indirect damage caused to the user’s equipment when accessing https://www.mark-france.com, and due to either the use of equipment that does not meet the specifications set out under point 4, or to a bug or incompatibility.
https://www.mark-france.com shall not be held liable for indirect damages (such as loss of business or lost opportunities) resulting from the use of https://www.mark-france.com. Interactive sections (option to ask questions in the contact section) are made available to users. https://www.mark-france.com reserves the right to delete, without prior notice, any content posted in this section in breach of applicable laws in France, and in particular provisions relating to data protection. Where applicable, https://www.mark-france.com also reserves the right to hold the user civilly and/or criminally liable, in particular in the case of messages of a racist, insulting, defamatory or pornographic nature, regardless of the medium (text, photographs, etc.).
The Client is hereby informed of the regulations on marketing communication, French law of 21 June 2014 on confidence in the Digital Economy, the French Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: no. 2016-679).
7.1 Persons responsible for personal data collection
Regarding Personal Data collected when the User creates their personal account and browses the Website, the data controller for such Personal Data is: @mark. https://www.mark-france.comis represented by Mr Jean-Marie ALGOUD/Mr Christophe DEGRAVE/Mr Gilbert PIAT, its legal representative
In its capacity as data controller, https://www.mark-france.com hereby undertakes to adhere to all applicable legal provisions. In particular, the Client is responsible for establishing the purposes of its data processing, providing to its prospects and clients, upon their consent, comprehensive information on the processing of their personal data, and maintaining an accurate register of processing operations. Whenever https://www.mark-france.com processes Personal Data, https://www.mark-france.com takes all reasonable measures to ensure the accuracy and the relevance of the Personal Data with regard to the purposes of the processing of said data by https://www.mark-france.com.
7.2 Purpose of data collected.
https://www.mark-france.com may process all or part of the data:
https://www.mark-france.com does not market your personal data, which is used solely when required or for statistical and analysis purposes.
7.3 Right of access, rectification and objection
In accordance with applicable European regulations, the Users of https://www.mark-france.com have the following rights:
As soon as https://www.mark-france.com becomes aware of a User’s death, and in the absence of any instructions on their part, https://www.mark-france.com undertakes to destroy their data, unless the data must be stored for evidentiary purposes or to fulfil a legal obligation.
If the User wishes to know how https://www.mark-france.com uses their Personal Data, request a rectification or object to its processing, the User may contact https://www.mark-france.com by writing to the following address:
@mark – DPO, Jean-Marie ALGOUD
16 rue Milton 75009 Paris.
In this case, the User must indicate which Personal Data they would like https://www.mark-france.com to correct, update or delete, and provide proof of identification by means of a copy of an identity document (ID card or passport).
Requests for the deletion of Personal Data will be subject to the obligations incumbent on https://www.mark-france.com by law, with regard in particular to document storage or archiving. Finally, Users of https://www.mark-france.com may submit a complaint to the supervisory authorities, in particular French Data Protection Authority, CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.mark-france.com is prohibited from processing, hosting or transferring the information collected about its Clients to a country located outside the European Union or deemed “inadequate” by the European Commission, without informing the Client in advance. However, https://www.mark-france.com is free to choose its technical and commercial sub-contractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
https://www.mark-france.com undertakes to take all necessary precautions to safeguard the security of the Information and, in particular, to ensure that it is not disclosed to any unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Client’s Information is brought to the attention of https://www.mark-france.com, the latter must inform the Client as soon as possible of said incident, as well as the corrective actions taken. Furthermore, https://www.mark-france.com does not collect any “sensitive data”.
Users’ Personal Data may be processed by subsidiaries of https://www.mark-france.com and sub-contractors (service providers), for the purposes set out in this policy only.
Within the limits of their respective responsibilities and for the purposes set out above, those likely to have access to https://www.mark-france.com User data are mainly our customer service agents.
Regardless of the measures taken, no means of online transmission or electronic storage is completely secure. As such, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take the appropriate measures. Our incident notification procedures take our legal obligations at both national and European level into account. We are committed to keeping our clients fully informed of all matters relating to the security of their account, and to providing them with all relevant information to help them meet their own regulatory reporting obligations.
No personal information of the users of the website https://www.mark-france.com is published without the user’s knowledge, or exchanged, transferred, assigned or sold on any medium to third parties. Only the acquisition of https://www.mark-france.com and its rights would enable the transmission of said information to the acquiring party, which would be subject to the same retention and modification obligations vis-a-vis the user of the website https://www.mark-france.com.
Security
In order to ensure the security and confidentiality of the Personal Data and Personal Health Data, https://www.mark-france.com uses networks with standard protection mechanisms such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://www.mark-france.com takes all reasonable measures to protect said data against any loss, misuse, unauthorised access, disclosure, alteration, or destruction.
The website https://www.mark-france.com contains a certain number of hyperlinks to other websites, set up with the authorisation of https://www.mark-france.com. However, https://www.mark-france.com is not able to verify the content of the websites visited via these links, and therefore assumes no liability in this regard.
Unless you choose to deactivate cookies, you agree to the website making use of them. You may deactivate cookies at any time and free of charge, using the deactivation options set out below, bearing in mind that this may limit or prevent access to all or part of the Services offered by the website.
9.1. COOKIES
A cookie is a small data file sent via the User’s browser and stored on the User’s device (e.g.: computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s internet provider, the User’s operating system and the date and time of access. Cookies do not present any risk of damage to the User’s device in any way.
https://www.mark-france.com may process the User’s information relating to their visit to the Website, such as the pages viewed and searches carried out. This information enables https://www.mark-france.com to improve Website content and User browsing.
As Cookies facilitate browsing and/or the provision of the services offered by the Website, the User may configure their browser in such a way as to enable them to decide whether or not to accept Cookies and store them on their device or, conversely, reject them, either automatically or depending on the issuer. The User may also configure their browser software so that they are asked to accept or reject Cookies before they are stored on their device. https://www.mark-france.com hereby informs the User that, in this case, the features of their browser software may not all be available.
If the User does not accept the storing of Cookies on their device or browser, or if the User deletes Cookies stored previously, the User is hereby informed that their browsing and experience on the Website may be restricted. This may also be the case if https://www.mark-france.com or any of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country in which the device appears to be connected to the internet..
Where relevant, https://www.mark-france.com accepts no responsibility for the consequences of the impaired functioning of the Website and any services offered by https://www.mark-france.com, resulting from (i) the rejection of cookies by the User or (ii) the inability of https://www.mark-france.com to store or view the Cookies required for their operation as a result of a choice made by the User. Each browser’s configuration is different in terms of Cookie management and User preferences. It is described in the browser’s help section, which informs Users how they can modify their Cookie preferences.
Users can choose to set and modify their Cookie preferences at any time. Additionally, https://www.mark-france.commay use external service providers to collect and process the information set out in this section.
Finally, by clicking on the dedicated social network icons for Twitter, Facebook, Linkedin and Google Plus contained on https://www.mark-france.com or in its mobile application, and if the User has agreed to the storing of Cookies by continuing to browse the https://www.mark-france.com Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also store Cookies on your devices (computer, tablet, mobile phone).
These kinds of Cookies are only stored on your devices with your consent, by continuing to browse the https://www.mark-france.com Website or mobile application. The User may nevertheless withdraw their consent to https://www.mark-france.com storing this kind of Cookie, at any time.
Article 9.2. INTERNET TAGS
https://www.mark-france.com may occasionally use tags (also known as web beacons, single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) and deploy them through a specialist partner in web analytics, which can 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 users to access the Website, and on its various pages.
This technology allows https://www.mark-france.com to evaluate visitors’ responses to the Website and the effectiveness of its actions (for example, the number of times a page is opened and the information accessed), as well as the use of the Website by the User.
The external provider may be able to collect information about visitors to the site and other websites through these tags, compile reports on site activity for https://www.mark-france.com, and provide other services related to the use of the Website and internet.
All disputes relating to the use of the website https://www.mark-france.com are subject to French law. Except in cases prohibited by law, exclusive jurisdiction shall be granted to the courts of PARIS.
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