Legal Notice
1) Legal information
Publisher
Company name: Puiver
SARL with a share capital of € 10,000
RCS Bergerac – Siret: 89309229600019
Intra-community VAT: FR33-893092296
Headquarters: 13 rue Carmen, 24100 Bergerac, France
Phone: 07 81 61 55 32
E-mail: contact@puiver.fr
Director of publication: Puiver
Technical service provider
Company name: Artefact Design
SARL with a share capital of € 1000
RCS Périgueux – Siret: 81858546500011
Intra-community VAT: FR91-444878466
Address: 23 rue Gambetta, 24000 Périgueux, France
Phone: 05 53 46 00 59
E-mail: contact@artefactdesign.fr
Host
The websites https://puiver.fr and https://puiver.com are hosted by OVH
SAS with a share capital of € 10,069,020
RCS Lille Métropole – Siret: 42476141900045
Code APE: 2620Z
VAT number: FR22-424761419
Headquarters: 2 rue Kellermann, 59100 Roubaix, France
2) General conditions of use of the offered websites and services
Websites are an intellectual work protected by the provisions of the Intellectual Property Code and of the 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 sites https://puiver.fr and https://puiver.com. These sites imply full acceptance of the general conditions of use described hereinafter. These conditions of use are likely to be modified or supplemented at any time. Users of the sites https://puiver.fr and https://puiver.com are therefore invited to consult them on a regular basis.
These sites are normally accessible to users at any time. An interruption due to technical maintenance can however be decided by Puiver. The latter regularly updates the sites https://puiver.fr and https://puiver.com. Likewise, the legal notice can be modified at any time. It imposes on the user, who is invited to refer to it, as often as possible, to inquire about it.
3) Description of the provided services
The purpose of the websites https://puiver.fr and https://puiver.com is to provide information on all of Puiver’s activities. The latter strives to provide on the sites https://puiver.fr and https://puiver.com information as precise as possible. Nevertheless, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by the third party partners who provide it with this information. All the information indicated on the sites https://puiver.fr and https://puiver.com is given as an indication, and is likely to evolve. Furthermore, the information on the sites https://puiver.fr and https://puiver.com is not exhaustive. It is given with possible modifications having been made since it is put online.
4) Contractual limitations on technical data
The concerned sites use the JavaScript technology. Puiver cannot be held responsible for material damages related to their use. Furthermore, the user of the sites commits to access them by means of a recent hardware, free of viruses and with a latest generation updated browser. The sites https://puiver.fr and https://puiver.com are hosted by a service provider in the territory of the European Union, in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679).
The objective is to provide a service which ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nonetheless reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for the purposes of maintenance, improvement of its infrastructures, failure of its infrastructures or if services generate a traffic deemed abnormal.
Neither Puiver nor the host can be held responsible in the event of a malfunction of the Internet network, telephone lines, telephone or computer equipment, notably linked to network congestion preventing access to the server.
5) Intellectual property and counterfeits
The whole content of the websites, including, without limitation, images, texts, videos, graphics, animations, sounds, etc., as well as their formatting are the exclusive property of Puiver, with the exception of brands, logos or content belonging to partner companies.
Any reproduction, modification, publication, even partial, is strictly prohibited without Puiver’s consent.
Any unauthorized use of the sites or of one of the elements they contain will be considered as constituting a counterfeit and will be prosecuted, pursuant to the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
6) Limitations of liability
Puiver acts as the publisher of the websites. Puiver is responsible for the quality and veracity of the content it publishes.
Puiver cannot be held responsible for direct or indirect damages caused to the user’s equipment when accessing the sites https://puiver.fr and https://puiver.com, resulting either from the use of an equipment that does not meet the specifications indicated in point 4, or due to the appearance of a bug or an incompatibility.
Puiver can also not be held liable for indirect damages, such as a loss of market or a loss of opportunity, resulting from the use of the sites https://puiver.fr and https://puiver.com. Contact spaces are available to users. Puiver reserves the right to remove, without prior formal notice, any content posted in this space that would violate the law applicable in France, in particular the provisions relating to data protection. Where applicable, Puiver also reserves the right to question the civil and/or criminal liability of the user, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the medium used (text, photograph, illustration, etc.).
7) Management of personal data
The customer is informed of the regulations regarding marketing communication, the law for confidence in the Digital Economy of June 21, 2014, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1) Responsibility for collecting private data
Regarding the private data collected in the private account created by the user and in the context of browsing the websites, the person responsible for processing private data is Puiver, represented by its legal representative.
As the responsible person for processing the data it collects, Puiver commits to comply with the framework of the legal provisions in force. It is particularly bound to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their private data and to maintain a processing register in line with reality. Whenever Puiver processes private data, it takes all reasonable measures to ensure their accuracy and relevance, in relation to the purposes for which it processes them.
7.2) Purpose of the collected data
https://puiver.fr and https://puiver.com are likely to process all or part of the data:
– Via their contact form. The provided information is only used to process the user’s request.
– Puiver does not market the user’s private data. It only uses them out of necessity or for statistical and analytical purposes.
7.3) Right of access, rectification and opposition
Pursuant to the current European regulations, the users of https://puiver.fr and https://puiver.com have the following rights:
– right to access (Article 15 RGPD) and rectify (Article 16 RGPD), update, complete the users’ data,
– right to block or erase the users’ private data (Article 17 RGPD), when the latter are inaccurate, incomplete, equivocal, obsolete, or whose collection, use, communication or storage is prohibited,
– right to withdraw a consent at any time (Article 13-2c RGPD),
– right to limit the processing of the users’ data (Article 18 RGPD),
– right to be opposed to the processing of the users’ data (Article 21 RGPD),
– right to the portability of the data provided by the users, when these data are subject to automated processings, based on their consent or on contract (Article 20 RGPD),
– right to define the fate of the users’ data after their death and to choose to whom Puiver must communicate or not these data to a third party that they have previously appointed.
As soon as it becomes aware of the demise of a user and in the absence of instructions from the latter, Puiver commits to destroy his/her/its data, unless their retention is necessary for evidentiary purposes or to respond to a legal obligation.
If the user wishes to know how Puiver uses his/her/its private data, to ask to rectify them or to oppose their processing, he/she/it can contact Puiver in writing at the address of the publisher mentioned in point 1. In which case, the user must indicate the private data that he/she/it would like Puiver to correct, update or delete, by precisely identifying himself/herself/itself with a copy of an identity document (identity card or passport).
Requests for the deletion of private data will be subject to the obligations imposed on Puiver by law, in particular with regard to the preservation or archiving of documents. Finally, the users of https://puiver.fr and https://puiver.com can lodge a complaint with the supervisory authorities, and especially with the CNIL.
7.4) Non-communication of the private data
Puiver remains free to choose its technical and commercial subcontractors. Puiver commits to take all necessary precautions to preserve the security of information, and particularly ensures that the latter is not communicated to unauthorized people. However, if an incident affecting the integrity or confidentiality of the customer’s information is brought to the attention of Puiver, the latter must inform the customer as soon as possible and notify him/her/it of the taken corrective measures. In addition, Puiver does not collect any « sensitive data ».
The user’s private data may be processed by Puiver’s subsidiaries, service providers and subcontractors, in compliance with this policy.
8) Incident notification
No matter how hard one tries, no method of transmission on the Internet and no method of electronic storage is completely secure. Therefore, absolute security cannot be guaranteed. If Puiver becomes aware of a security breach, it will notify the concerned users so that they can take appropriate action. Its incident notification procedures take account of its legal obligations, both nationally and internationally. It is committed to fully informing its customers of all matters relating to the security of their account, and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No private information of the user of the sites https://puiver.fr and https://puiver.com is published without his/her/its knowledge, exchanged, transferred, assigned or sold to third parties on any medium. Just in case Puiver and its rights are bought back, the transmission of this information to the purchaser becomes possible. In turn, the latter is bound by the same obligation to store and modify the data towards the user of the sites https://puiver.fr and https://puiver.com.
9) Security
To ensure the security and confidentiality of the user’s private data, Puiver uses networks protected by standard devices. When processing private data, Puiver takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
10) Internet cookies and tags hypertext links
The sites https://puiver.fr and https://puiver.com contain a number of hypertext links to other sites, set up with permission from Puiver. Notwithstanding, Puiver does not have the ability to verify the content of the visited other sites, and thus assumes no responsibility.
Unless the user decides to deactivate cookies, he/she/it accepts that the sites can use them. He/she/it can deactivate these cookies at any time, for free, using the deactivation possibilities offered to him/her/it and recalled hereinafter, knowing that this may reduce or prevent accessibility to all or part of the services offered by the sites.
10.1) Cookies
A cookie is a small information file sent to the user’s browser and saved in the user’s terminal (e.g. : computer, smartphone). This file includes information such as the user’s domain name, internet service provider, operating system, as well as the date and time of access. Cookies do not risk damaging his/her/its terminal.
Puiver may process the user’s information concerning his/her/its visit of the sites, such as the viewed pages and the performed searches. This information allows Puiver to improve the content of the sites and the navigation of the user.
Knowing that cookies facilitate navigation and/or the provision of the services offered by the sites, the user can configure his/her/its browser to accept or refuse the recording of cookies in the terminal, either systematically or as per the will of their transmitter. The user can also configure his/her/its browser software for the acceptance or rejection of cookies to be punctually offered to him/her/it, before a cookie is likely to be saved in his/her/its terminal. Puiver informs the user that, in this case, the functionalities of his/her/its browser software might not all be available.
If the user refuses the recording of cookies in his/her/its terminal or browser, or if he/she/it deletes those saved there, he/she/it is informed that his/her/its browsing and experience on the sites might be limited. This could also be the case when Puiver 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 seems to be connected to the internet.
If applicable, Puiver declines all responsibility for the consequences related to the degraded functioning of the sites and potential services offered by it, resulting (i) from the refusal of cookies by the user, (ii) from the impossibility for Puiver to save or consult the cookies necessary for their functioning because of 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 enable to know how the user can modify his/her/its wishes in terms of cookies.
At any time, the user can choose to express and modify his/her/its wishes in terms of cookies. Besides, Puiver may resort to external service providers to be helped collect and process the information described in this section.
Finally, by clicking on the potential icons dedicated to social media as Twitter, Facebook, Linkedin and others appearing on Puiver’s sites or in its mobile application, and if the user accepted the deposit of cookies by continuing to browse the sites or on Puiver’s mobile application, Twitter, Facebook, Linkedin and Instagram can also deposit cookies on the user’s terminals (computer, tablet, mobile phone).
These types of cookies are deposited on the user’s terminals with his/her/its consent only, both for browsing the sites and the mobile application. At any time, the user can revoke his/her/its consent.
10.2) Internet tags
Puiver may occasionally use tags (also called action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist partner of Web analyzes likely to be located (and therefore to store the corresponding information, including the IP address of the user) in a foreign country.
These tags are placed both in online advertisements allowing internet users to access the sites, and on the various pages of the latter.
This technology allows Puiver to evaluate visitors’ responses on the sites and the effectiveness of its actions (e.g. : the number of times a page is opened and the viewed information), as well as the use of the sites by the user.
The external service provider may collect information on visitors of the sites and other websites thanks to these tags, constitute reports on the activity of the sites for the attention of Puiver, and provide other services relating to their use.
11) Applicable right and attribution of jurisdiction
Any dispute in connection with the use of the sites https://puiver.fr and https://puiver.com is subject to French law. Except in cases where the law does not authorize it, exclusive jurisdiction is attributed to the competent courts of the publisher.