Definitions of the terms

Client: any professional or natural person capable within the meaning of articles 1123 and subsequent articles of the Civil Code, or legal person, who visits the Site that is the subject of these general conditions.

Supplies and Services: https://ixapack.com makes available to Customers:

Content: All the elements that make up the information on the Site, including texts, images and videos.

Customer information: Below referred to as “Information (s)” which corresponds to all personal data that may be held by https://ixapack.com for the management of your account, customer relationship management and for analysis and statistics purposes.

User: Internet user connecting, using the above-mentioned site.

Personal information: “Information that allows, in any form whatever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 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 Regulations (GPDR: No. 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 https://ixapack.com website are informed of the identity of the various parties involved in its implementation and monitoring:

Owner: SAS iXAPACK GLOBAL Share capital of €1,000,000 VAT number: FR547350330 – Parc Économique de la Commanderie, Le Temple, BP3 79700 Mauléon

Publication manager: Michel GABORIAU – [email protected]

The publication manager is a natural or legal person.

Webmaster: Ditog – [email protected]

Host: Infomaniak – 25 Eugène-Marziano 1227 Les Acacias +41 22 820 35 44

Data Protection Officer: Pohardy Yoann – [email protected]

The legal notices come from the model proposed by the free generator of legal notices for a website.

 

  1. General 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 applicable international regulations.

The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.

The use of the https://ixapack.com website implies full and complete acceptance of the general terms and conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the https://ixapack.com website are invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by https://ixapack.com, which will then do everything in its power to inform users in advance of the dates and times of the intervention.

The website https://ixapack.com is regularly updated by https://ixapack.com responsible. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to become aware of them.

 

  1. Description of the services provided.

The purpose of the website https://ixapack.com is to provide information on all the company’s activities.

https://ixapack.com is committed to providing as accurate information as possible on the https://ixapack.com website. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with this information.

All the information indicated on the website https://ixapack.com is given for information purposes only, and is subject to change. In addition, the information on https://ixapack.com is not exhaustive. They are given subject to modifications that have been made since they were put online.

 

  1. Contractual limitations on technical data.

The site uses JavaScript technology.

The website cannot be held liable for any material damage related to the use of the website. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a last-generation browser that has been updated.

The https://ixapack.com website is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulations (GDR: n° 2016-679).

The objective is to provide a service that ensures the best accessibility rate. 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 periods of time, in particular for maintenance purposes, infrastructure improvement, infrastructure failure or if the Services and Services generate traffic deemed abnormal.

https://ixapack.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.

 

  1. Intellectual property and counterfeiting.

https://ixapack.com is the owner of the intellectual property rights and holds the user rights to all elements accessible on the website, including 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, unless prior written authorization is obtained from: https://ixapack.com

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L. 335-2 et seq. of the Intellectual Property Code.

 

  1. Limitations of responsibility.

https://ixapack.com acts as the publisher of the site. https://ixapack.com is responsible for the quality and accuracy of the Content it publishes.

https://ixapack.com cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the https://ixapack.com website, 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 incompatibility.

https://ixapack.com cannot also be held liable for indirect damages (such as loss of market share or loss of opportunity) resulting from the use of the https://ixapack.com website.

Interactive areas (possibility of asking questions in the contact area) are available to users. https://ixapack.com reserves the right to delete, without prior notice, any content deposited in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://ixapack.com also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).

 

  1. Management pf personal data.

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulations (RGPD: n° 2016-679).

7.1 Persons responsible for the collection of personal data.

For Personal Data collected in the context of creating the User’s personal account and browsing the Site, the person responsible for processing Personal Data is: iXAPACK GLOBAL. https://ixapack.com is represented by Michel GABORIAU, its legal representative

As the responsible for processing the data it collects, https://ixapack.com undertakes to comply with the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with full information on the processing of their personal data and to maintain a register of processing in accordance with reality.

Whenever https://ixapack.com processes Personal Data, https://ixapack.com takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which https://ixapack.com processes it.

7.2 Purpose of the data collected

https://ixapack.com is susceptible to process all or part of the data:

  • to allow navigation on the Site and the management and tracking of the services and services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed)
  • to improve navigation on the Site: login and usage data
  • to implement optional satisfaction surveys on https://ixapack.com: email address
  • to implement communication campaigns (sms, email): phone number, email address

https://ixapack.com does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.

7.3 Acces, rectification and opposition rights

In accordance with current European regulations, https://ixapack.com Users have the following rights :

right of access (Article 15 DGPS) and rectification (Article 16 DGPS), updating, completeness of Users’ data right to block or delete Users’ personal data (Article 17 of the DGPS), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited

  • right to remove consent at any time (Article 13(2)(c) DGPS)
  • right to limit the processing of Users’ data (Article 18 DGPS)
  • right to object to the processing of Users’ data (Article 21 DGPS)
  • right to the portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 DGPS)
  • right to define the fate of Users’ data after their death and to choose to whom https://ixapack.com shall communicate (or not) its data to a third party previously designated by them

As soon as https://ixapack.com becomes aware of the death of a User and in the absence of instructions from him, https://ixapack.com undertakes to destroy his data, unless their storage is necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how https://ixapack.com uses his Personal Data, requests to rectify them or objects to their processing, the User may contact https://ixapack.com in writing at the following address:

iXAPACK GLOBAL – DPO, Ixapack

Parc Économique de la Commanderie, Le Temple, BP3 79700 Mauléon.

In this case, the User must indicate the Personal Data that he or she would like https://ixapack.com to correct, update or delete, precisely by identifying himself or herself with a copy of an identity document (identity card or passport).

Requests to delete Personal Data will be subject to the obligations imposed on https://ixapack.com by law, in particular with regard to the storage or archiving of documents. Finally, Users of https://ixapack.com can file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

https://ixapack.com shall not process, host or transfer Information collected on its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without first informing the Customer. However, https://ixapack.com remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulations (GDR: No. 2016-679).

https://ixapack.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that it will not be communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of https://ixapack.com, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. In addition, https://ixapack.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of https://ixapack.com and subcontractors (service providers) exclusively for the purposes of this policy.

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 https://ixapack.com are mainly the agents of our customer service department.

7.5 Types of data collected

https://ixapack.com also collects information to improve the user experience and provide contextualized advice:

name, first name, postal address, email, telephone number

This data is kept for a maximum period of 9 months after the end of the contractual relationship

 

  1. Incident notification

Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, 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 notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the user of the https://ixapack.com website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of https://ixapack.com and its rights would allow the transmission of this information to the potential purchaser, who would in turn be bound by the same obligation to store and modify the data with regard to the user of the https://ixapack.com website.

Safety and security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://ixapack.com uses networks protected by standard devices such as firewalls, anonymization, encryption and passwords.

When processing Personal Data, https://ixapack.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

 

  1. Hypertext links “cookies” and internet tags

The https://ixapack.com site contains a number of hypertext links to other sites, set up with the permission of https://ixapack.com. However, https://ixapack.com has no possibility to check the content of the sites thus visited, and will therefore not assume any responsibility for this fact.

Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.

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 risk damaging the User’s terminal in any way.

https://ixapack.com is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows https://ixapack.com to improve the content of the Site and the User’s navigation.

Cookies facilitate the navigation and/or provision of the services offered by the Site, the User may configure his browser so that he can 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 issuer. The User may also configure his browser software in such a way that the acceptance or rejection of Cookies is offered to him from time to time, before a Cookie is likely to be registered in his terminal. https://ixapack.com informs the User that, in this case, it may not be possible for all the functionalities of his browser software to be available.

If the User refuses to accept cookies in his or her device or browser, or if the User deletes cookies registered there, the User is informed that his or her browsing and experience on the Site may be limited. This could also be the case when https://ixapack.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.

If applicable, https://ixapack.com declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by https://ixapack.com,  resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://ixapack.com to record or consult the Cookies necessary for their operation because of the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to find out how the User can change his or her cookie preferences.

At any time, the User may choose to express and modify his or her wishes regarding Cookies.  https://ixapack.com may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to Twitter, Facebook, LinkedIn and Google Plus social networks on the https://ixapack.com Website or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the https://ixapack.com Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus can also deposit cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent, by continuing to browse the Website or the mobile application of https://ixapack.com. At any time, however, the User may withdraw his or her consent for https://ixapack.com to place this type of cookie.

Article 9.2. INTERNET TAGS

https://ixapack.com may occasionally use Internet tags (also known as “tags”, or action tags, one-pixel GIF, transparent GIF, invisible GIF, and one-to-one GIF) and deploy them through a web analytic partner who may 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 Internet users to access the Site, and on the various pages of the Site.

This technology allows https://ixapack.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 User’s use of this Site.

The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for https://ixapack.com, and provide other services related to the use of the Site and the Internet.

 

  1. Applicable law and jurisdiction.

Any controversy related to the use of the https://ixapack.com website is subject to French law.

Except in cases where the law does not allow it, exclusive jurisdiction is conferred on the competent commercial courts of Niort.

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