Definitions

Client: any professional or natural person capable in the sense of articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services: www.essorage.fr provides Clients with:

Content: All elements constituting the information present on the Site, including texts – images – videos.

Client Information: Hereinafter referred to as “Information(s)” which corresponds to all personal data likely to be held by www.essorage.fr for the management of your account, client relationship management, and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned site.

Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of January 6, 1978).

The terms “personal data”, “data subject”, “processor”, and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. Website Presentation.

In accordance with article 6 of law no. 2004-575 of June 21, 2004, for confidence in the digital economy, users of the website www.essorage.fr are informed of the identity of the various parties involved in its creation and monitoring:

Owner: OPE – VAT Number: FR 65 429 629 249 – 6 impasse du Pavillon – 69630 SEREZIN DU RHÔNE

Publication Manager: Isabelle BIRKEN

The publication manager is a natural person or a legal entity.
Webmaster: SAS Spinat – PASQUET Florent
Host: HOSTINGER INTERNATIONAL LIMITED 61 Lordou Vironos str., 6023 Larnaca, Cyprus

2. General Conditions of Use for the Site and Offered Services.

The Site constitutes a work of intellectual property 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 their own account all or part of the elements or works of the Site.

Use of the www.essorage.fr site implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the www.essorage.fr site are invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by www.essorage.fr, which will then endeavor to communicate the dates and times of the intervention to users in advance.
The www.essorage.fr website is regularly updated by the manager. Similarly, the legal notice may be modified at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible to become aware of it.

3. Description of Services Provided.

The purpose of the www.essorage.fr website is to provide information concerning all of the company’s activities. www.essorage.fr strives to provide information on the www.essorage.fr site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether caused by itself or by third-party partners who provide this information.

All information indicated on the www.essorage.fr site is given for informational purposes only and is subject to change. Furthermore, the information on the www.essorage.fr site is not exhaustive. It is provided subject to modifications that may have occurred since its online publication.

4. Contractual Limitations on Technical Data.

The site uses JavaScript technology.

The website cannot be held responsible for material damage related to the use of the site. Furthermore, the user of the site agrees to access the site using recent equipment, free of viruses, and with an updated, latest-generation browser.
The www.essorage.fr site is hosted by a service provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 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. It nevertheless reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance, improvement of its infrastructures, failure of its infrastructures, or if the Services generate traffic deemed abnormal.

www.essorage.fr and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephony equipment, particularly related to network congestion preventing access to the server.

5. Intellectual Property and Counterfeiting.

www.essorage.fr is the owner of the intellectual property rights and holds the rights of use on 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, regardless of the means or process used, is prohibited, except with prior written authorization from: www.essorage.fr.

Any unauthorized exploitation of the site or any of its elements will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of Liability.

www.essorage.fr acts as the site editor and is responsible for the quality and veracity of the Content it publishes.

www.essorage.fr cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the www.essorage.fr 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.

www.essorage.fr cannot also be held responsible for indirect damages (such as, for example, a loss of market) resulting from the use of the www.essorage.fr site.
Interactive spaces (possibility to ask questions in the contact area) are available to users. www.essorage.fr reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, particularly the provisions relating to data protection. If applicable, www.essorage.fr also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of a racist, abusive, defamatory, or pornographic message, regardless of the medium used (text, photograph, etc.).

7. Management of Personal Data.

The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

7.1. Controllers of Personal Data Collection

For Personal Data collected during the creation of the User’s personal account and their navigation on the Site, the controller of Personal Data is: Isabelle BIRKEN

www.essorage.fr is represented by Lionel BIRKEN, its legal representative

As the controller of the data it collects, www.essorage.fr undertakes to comply with the framework of current legal provisions. It is notably up to the Client to establish the purposes of its data processing, to provide its prospects and clients, based on the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing activities in accordance with reality.
Each time www.essorage.fr processes Personal Data, www.essorage.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which www.essorage.fr processes it.

7.2. Purpose of Collected Data

www.essorage.fr may process all or part of the data:

  • to enable navigation on the Site, to manage the traceability of questions and services requested by the user,
  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
  • to improve navigation on the Site: connection and usage data
  • to conduct optional satisfaction surveys on www.essorage.fr: email address
  • to conduct communication campaigns: phone number, email address

www.essorage.fr does not commercialize your personal data, which is therefore used solely out of necessity or for statistical and analytical purposes.

7.3. Right of Access, Rectification, and Objection

In accordance with current European regulations, users of www.essorage.fr have the following rights:

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of User data, right to lock or erase User personal data (Article 17 GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication, or retention is prohibited
  • right to withdraw consent at any time (Article 13-2c GDPR)
  • right to restriction of processing of User data (Article 18 GDPR)
  • right to object to the processing of User data (Article 21 GDPR)
  • right to data portability for data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
  • right to define the fate of User data after their death and to choose to whom www.essorage.fr should communicate (or not) their data to a third party they have previously designated

As soon as www.essorage.fr becomes aware of a User’s death and in the absence of instructions from them, www.essorage.fr undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how www.essorage.fr uses their Personal Data, request its rectification, or object to its processing, the User can contact www.essorage.fr by using the contact form.

In this case, the User must indicate the Personal Data they would like www.essorage.fr to correct, update, or delete.

Requests for the deletion of Personal Data will be subject to the obligations imposed on www.essorage.fr by law, particularly regarding the retention or archiving of documents. Finally, users of www.essorage.fr can lodge a complaint with the supervisory authorities, notably the CNIL (https://www.cnil.fr/fr/plaintes).

7.4. Non-disclosure of personal data

www.essorage.fr refrains from processing, hosting, or transferring Information collected on its Clients to a country located outside the European Union or recognized as “non-adequate” by the European Commission. However, www.essorage.fr 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).

www.essorage.fr undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Client Information is brought to the attention of www.essorage.fr, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, www.essorage.fr does not collect any “sensitive data”.

The User’s Personal Data may be processed by subcontractors (service providers), exclusively for the purposes of this policy.

Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of www.essorage.fr Users are primarily Isabelle and Lionel BIRKEN.

8. Incident Notification

Currently, the www.essorage.fr site does not have a private access section that requires the creation of a user account, so any incident on our site should have a very limited impact on our users.

Regardless of the efforts made, 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 would notify users who have used the contact form so that they can take appropriate measures.

No personal information of the user of the www.essorage.fr site is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the hypothesis of the repurchase of www.essorage.fr and its rights would allow the transmission of said information to the eventual acquirer who would in turn be bound by the same obligation of retention and modification of data vis-à-vis the user of the www.essorage.fr site.

Security

To ensure the security and confidentiality of Personal Data, www.essorage.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, www.essorage.fr takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext Links, “Cookies” and Internet Tags

The www.essorage.fr site contains a number of hypertext links to other sites, set up with the authorization of www.essorage.fr. However, www.essorage.fr does not have the ability to verify the content of the sites thus visited, and consequently assumes no responsibility for this.

Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time and free of charge using the deactivation options offered and recalled below, knowing that this may reduce or prevent access 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 device (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, as well as the date and time of access. Cookies will under no circumstances damage the User’s device.

www.essorage.fr may process User information regarding their visit to the Site, such as pages viewed and searches performed. This information allows www.essorage.fr to improve the content of the Site and the User’s navigation experience.

Cookies facilitate navigation and/or the provision of services offered by the Site. The User can configure their browser to decide whether or not to accept them, so that Cookies are stored on the device, or conversely, rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them periodically, before a Cookie is likely to be stored on their device. www.essorage.fr informs the User that, in this case, not all functionalities of their browser software may be available.

If the User refuses the storage of Cookies on their device or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when www.essorage.fr 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, www.essorage.fr disclaims all responsibility for the consequences related to the degraded operation of the Site and any services offered by www.essorage.fr, resulting from (i) the User’s refusal of Cookies (ii) the inability for www.essorage.fr to store or consult the Cookies necessary for their operation due to 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 indicate how the User can modify their wishes regarding Cookies.

At any time, the User may choose to express and modify their preferences regarding Cookies. www.essorage.fr may also use the services of external providers to help collect and process the information described in this section.

Finally, by clicking on the icons dedicated to social networks, Linkedin and Google Plus, appearing on the www.essorage.fr Site or in its mobile application, and if the User has accepted the deposit of cookies by continuing their navigation on the www.essorage.fr Website or mobile application, Linkedin and Google Plus may also deposit cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only deposited on your devices provided that you consent to them by continuing your navigation on the www.essorage.fr Website or mobile application. At any time, the User can nevertheless withdraw their consent for www.essorage.fr to deposit this type of cookie.

9.2. INTERNET TAGS

www.essorage.fr may occasionally use Internet tags (also known as “tags,” action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialized web analytics partner who may be located (and therefore store 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 its various pages.
This technology allows www.essorage.fr 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 provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for www.essorage.fr, and provide other services related to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute in connection with the use of the www.essorage.fr website is subject to French law.
Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Lyon (France).