Legal notices
Definitions
Customer: any capable professional individual or natural person pursuant to articles 1123 and thereafter of the Civil Code, or legal entity, who visits the website, which is the subject of these general terms and conditions.
Services: https://academos57.com provides for their Customers.
Content: All elements of information present on the website, inter alia texts – images-videos.
Customer data: Hereafter referred to as “Data” which means all personal data which may be held by https://academos57.com to manage your account, or manage customer relations and for analysis and statistics purposes.
User: Web user who connects and uses the aforementioned website.
Personal data: “Personal data that enables the identification of natural persons to whom they refer, in any form either directly or indirectly” (article 4 of law no. 78-17 of 6 January 1978).
The terms “personal data,” “data subject,” “subcontractor” and “sensitive data” have the meanings as determined by General Data Protection Regulation (GDPR: No. 2016-679)
1. Presentation of the website.
Pursuant to article 6 of law no. 2004-575 of 21 June 2004 regarding the French Digital Economy, the identity of various actors who create and monitor the website is communicated to https://academos57.com website users:
Holder:
Académos
Legal form: Public administration
Département de la Moselle (Moselle County Council) Site
2 rue de la Plénière
57420 Verny, France
Telephone number: +33 (0)356420204
Email: academos@moselle.fr
Website publishing manager: Ms Françoise Bataillon-Dal Zuffo, Sport and Youth Directorate
Editors: Sophie Maire/ Raphaël Webert
Website designer: Kaandko (Anne-Catherine Metzger)
Telephone number: (+33) (0)620776563
Email: contact@kaandko.com
Website: www.kaandko.com
Photos : Département/ Nicolas Meyer
Académos is hereafter referred to as « website editor»
2. Terms and conditions of use of the website and services provided.
The Website is an intellectual work protected by Intellectual Property Law and applicable International Regulations.
The customer may not in anyway re-use, transfer or use for their own account all or part of the elements or works from the Website.
Use of the https://academos57.com website implies full agreement to the general terms and conditions of use as described below. These conditions of use may be amended or completed at any time, https://academos57.com website users should therefore consult them on a regular basis.
This website is normally accessible for users at all times. However, https://academos57.com may decide to suspend access for technical maintenance purposes, and will endeavour to inform users beforehand of the dates and times of interventions.
The https://academos57.com website is updated on a regular basis by https://academos57.com which manages it. Furthermore, the legal notice may be amended at any time. Users should therefore refer to them as often as possible to take note of them.
3. Description of services provided.
The https://academos57.com website provides information about all the company’s activities.
https://academos57.com endeavours to provide information on the https://academos57.com website that is as accurate as possible. However, they may not be held responsible for omissions, inaccuracies or a lack of updates, by themselves or third-parties who provide this information.
All information provided on the https://academos57.com website is provided for information purposes only and is subject to change. Furthermore, information featured on the https://academos57.com is not comprehensive. Information is provided subject to changes implemented since their publication online.
4. Contractual limitations of technical data.
The website uses JavaScript technology.
The website may not be held responsible for damages to property linked to use of the website. Moreover, the website user agrees to access the website using recent hardware that does not contain viruses and with a latest generation up-to-date browser.
The https://academos57.com website is hosted by a service provider in the European Union in accordance with provisions in the General Data Protection Regulation (GDPR: n° 2016-679)
The aim is to provide a service that ensures the highest accessibility rates possible. The website host ensures 24/7 service continuity, all year round. The host may nevertheless suspend the hosting service for as short a time as possible to undertake maintenance work, improve their infrastructures, infrastructure faults or if service provisions generate traffic on the site that is deemed unusually high.
https://academos57.com and the website host may not be held responsible if the internet network, telephone lines or computer equipment and telephone networks misfunction due to network congestion which prevents access to the server.
5. Intellectual property and counterfeits.
https://academos57.com is holder of intellectual property rights and user rights to all the accessible elements on the website, inter alia the texts, graphics, logos, videos, icons and sounds.
Any full or partial reproductions, representations, changes, publishing, adaptation of the elements from the website, regardless of the means or procedures used, is strictly forbidden unless prior written authorisation is obtained from https://academos57.com.
Any unauthorised use of the website or any of its elements will be deemed to be counterfeiting and will therefore be prosecuted according to the provisions in articles L.335-2 and thereafter of the Intellectual Property Code.
6. Limitations of responsibility.
https://academos57.com acts as editor of the website. https://academos57.com is responsible for the quality and truthfulness of published Contents.
https://academos57.com may not be held responsible for direct or indirect damages caused to users’ equipment when accessing the https://academos57.com website, and which may be caused by use of equipment that does not meet specifications indicated in point 4, or caused by a bug or incompatibility.
https://academos57.com may not be held responsible for indirect damages (such as the loss of a contract or an opportunity) after use of the https://academos57.com website.
Interactive areas are available for users (possibility to ask questions on the contact page). https://academos57.com reserves the right to erase any contents left in this area, which may breach applicable law in France, in particular provisions regarding data protection, without formal notice. As the case may be, https://academos57.com also reserves the right to question the user’s civil and/or criminal liability, inter alia in the event of racist, offensive, defamatory or pornographic messages on any media (text, photography etc.).
7. Personal data management.
The Customer is informed about regulations regarding marketing communications, law of 21 June 2014 on the Digital Economy, Freedom of Information Law of 06 August 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Personal data collection controllers
The data processing controller, for Personal Data collected to create a personal user account and for browsing on the website, is: Site of the Département de la Moselle (Moselle County Council). https://academos57.com represented by Ms. Françoise Bataillon-Dal Zuffo, its legal representative.
https://academos57.com, as data processing controller of data collected, pledges to observe current legal provisions. The Customer decides how their personal data will be used, to provide full details about how personal data will be processed and maintain a processing register that is compliant with the actual situation to their prospective customers and customers, once their consent has been obtained.
Each time https://academos57.com processes Personal Data, https://academos57.com takes all reasonable steps to ensure the accuracy and pertinence of Personal Data in accordance with the purposes https://academos57.com processes them for.
7.2 Use of collected data
https://academos57.com may process part or all the data, such as:
- connection data and use of the Website, invoicing, order history, etc. to enable browsing on the Website and management and traceability of services ordered by the user,
- computer equipment used for browsing, IP address, password (hashed) to prevent and combat computer fraud (spamming, hacking etc.),
- connection data and use to improve the Website browsing experience,
- email addresses to perform optional satisfaction surveys on https://academos57.com,
- telephone numbers, email addresses to carry out communication campaigns (text messages, emails),
https://academos57.com does not sell your personal data. It is solely used due to requirements, statistics and analytical purposes.
7.3 Right of access, rectification and objection
In accordance with current European regulations, Users of https://academos57.com have the following rights:
- right of access (article 15 of GDPR) and rectification (article 16 of GDPR), update, comprehensiveness of User data, right to block or erase personal User data (article 17 of GDPR), when they are inaccurate, incomplete, ambiguous, out of date, or that their collection, use, communication or storage is forbidden
- right to withdraw consent at any time (article 13-2c GDPR)
- right to limit processing of User data (article 18 of GDPR)
- right to object to the processing of User data (article 21 of GDPR)
- right to the portability of data provided by Users, when data is processed automatically according to their consent or a contract (article 20 of GDPR)
- right to determine the fate of User data after their death and choose to whom https://academos57.com will have to communicate (or not) their data to a third party who will have been designated beforehand
As soon as https://academos57.com becomes aware of the death of a User and if no instructions have been provided, https://academos57.com pledges to destroy their data, unless its storage is required as proof or to meet legal obligations.
If the User wishes to know how https://academos57.com uses their personal data, or request for it to be rectified or objects to its processing, the User may contact https://academos57.com in writing at the following address:
Site of the département de la Moselle – DPO, Data Protection Officer
2 rue de la plénière 57420 Verny.
In this case, the user must indicate the personal data they wish https://academos57.com to correct, update or erase, by identifying themself clearly with a copy of their Identification documents (ID Card or passport).
Requests to erase personal data will be subject to obligations that are imposed on https://academos57.com by law, inter alia in terms of storage or archiving of documents. Lastly, Users of https://academos57.com may submit a claim to the supervisory authorities and inter alia the CNIL (National Commission for Data Protection and Liberties) (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of collected personal data
https://academos57.com does not allow itself to process, host or transfer data collected about its Customers to countries situated outside the European Union or that are deemed “inadequate” by the European Commission without informing the customer beforehand. However, https://academos57.com is free to choose their own technical and commercial sub-contractors providing they present sufficient guarantees regarding the General Data Protection Regulation requirements (GDPR: no. 2016-679).
https://academos57.com pledges to take all necessary precautions to ensure the security of Data and in particular that it should not be communicated to unauthorised persons. However, if an incident is reported to https://academos57.com that might have an impact on the integrity or confidentiality of a Customer’s data, the Customer must be informed as soon as possible and indicate which corrective measures have been taken. Furthermore, https://academos57.com does not collect “sensitive data.”
Personal Data of Users may be processed by subsidiaries and sub-contractors (service providers) of https://academos57.com, solely for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main people that may have access to https://academos57.com User data, are mainly our customer services staff.
8. Notification of an incident
Transfer methods on the Internet or electronic storage systems are not completely safe regardless of measures taken. We are therefore unable to guarantee total security.
If we are informed of a security breach, we will inform users involved accordingly, so they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether they are in France or in Europe. We pledge to keep our customers fully informed about all matters relating to the security of their account and to provide all the necessary information to help them observe their own legal obligations in terms of reporting.
Personal data about https://academos57.com website users is not published, exchanged, transferred, or sold on any media to a third party without the user’s prior knowledge. The transfer of data would only be permitted to an eventual buyer if https://academos57.com and its rights were to be bought out. The buyer would in turn have to fulfill the same obligations for the storage and amendment of data regarding https://academos57.com website users.
Security
https://academos57.com uses networks protected by standard systems, such as firewalls, pseudonyms, encryptions and passwords to ensure the security and confidentiality of Personal Data and Personal Health Data.
https://academos57.com takes all reasonable steps when processing personal data to protect it from loss, wrongful use, unauthorised access, disclosure, alteration, or destruction.
9. “Cookies” hyperlinks and internet tags
The https://academos57.com website contains a certain number of hyperlinks to other websites that have been inserted with the authorisation of https://academos57.com. However https://academos57.com cannot check the contents of these websites that are then visited and will therefore not be held liable for this.
You therefore accept that the website will use cookies unless you decide to disable them. Cookies may be disabled at any time free of charge using the various possibilities to disable them hereafter, this may reduce or prevent access to all or some of the Services provided on the website.
9.1. “COOKIES”
A “cookie” is a small data file sent to the User’s browser and saved within the User’s terminal (e.g. computer, smart phone), (hereafter “Cookies”). This file includes data such as the User’s domain name, their Internet provider, the User’s operating system, as well as access dates and times. There is absolutely no risk that cookies could damage the User’s unit.
https://academos57.com may process User data about their visit to the Website, such as which pages were consulted and searches. This data allows https://academos57.com to improve the website’s contents and the User’s browsing experience.
Cookies facilitate browsing and/or provision of services on the Website, the user can set up their browser accordingly to decide whether they wish to either systematically accept or refuse cookies being saved on their terminal or subject to who the emitter is. The user may also set up their browser software to accept or refuse Cookies before they are saved on their terminal. https://academos57.com informs the User that this may limit the availability of some browser software functions.
The User is informed that their browsing and experience on the Website may be limited if they refuse Cookies on their terminal or browser, or if the User deletes saved cookies. This may also occur when https://academos57.com or one of their service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the display language settings, or the country where the terminal seems to be connected.
As the case may be, https://academos57.com declines all responsibility for consequences due to the degraded functioning of the Website and eventual services provided by https://academos57.com, due to (i) the User refusing Cookies (ii) the User’s choice which means that https://academos57.com cannot save or refer to Cookies that are necessary for functioning. Each browser setup is different for the management of Cookies and User choices. The browser help menu enables the User to change their Cookie preferences.
The User may express and change their Cookies preferences at any time. https://academos57.com may call upon external service providers to help collect and process data described in this section.
Lastly, by clicking on social media logos for Twitter, Facebook, Linkedin and Google Plus on the https://academos57.com Website or on the mobile application and if the User accepts the use of Cookies by continuing to browse the Website or the mobile application of https://academos57.com, Twitter, Facebook, Linkedin and Google Plus may also put cookies on your terminals (computer, tablet, mobile phone).
These types of cookies will only be put on your terminals if you consent by continuing to browse on the https://academos57.com Website or mobile application. The User may nevertheless withdraw their consent at any time for https://academos57.com to use this type of cookies.
9.2. INTERNET TAGS
https://academos57.com may occasionally use Internet tags (also called “tags,” action tags, single pixel GIFs, transparent GIFs, invisible GIFs and 1 x 1 Pixel GIFs) and deploy them using a Web analyst specialist who may be in a foreign country (and therefore need to store the relevant data, including the User IP address).
These tags are put in online advertisements which allow surfers to access the website and various pages.
This technology allows https://academos57.com to assess visitor responses to the Website and the efficiency of its actions (e.g. the number of times a page has been opened and the information consulted), as well as how the User uses the Website.
The external service provider may collect data about Website visitors and other Websites thanks to tags. They may generate logs about the Website’s activity for https://academos57.com, and provide other related services and Internet use.
10. Applicable law and jurisdiction.
Any disputes regarding use of the https://academos57.com Website is subject to French law.
It is solely under the jurisdiction of the competent courts and tribunals in Metz, unless there are cases where the law does not allow this.
