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Mentions légales - Legal notice

Definitions Legal notice

Definitions Client: Any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or a legal entity, who visits the Website subject to these general conditions. Services: https://www.em-grade.com/ provides Clients with:

Content: All elements constituting the information present on the Website, including text, images, and videos.

Customer Information: Hereinafter referred to as « Information(s), » which correspond to all personal data that may be held by https://www.em-grade.com/ for the management of your account, customer relationship management, and for analysis and statistical purposes.

User: An internet user who connects and uses the aforementioned website.

Personal Information: « Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply » (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.Presentation of the website Legal notice

In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website https://www.em-grade.com/ are informed of the identity of the various parties involved in its creation and monitoring:

Owner: SAS Delta Microscopies, Share capital of €55,000
VAT number: FR14451339287 – 22b route de Saint Ybars 31190 Mauressac
Publication Manager: Souai Samia – +(33) 5 61 73 60 14. The publication manager may be a natural person or a legal entity.
Webmaster: Souai Samia – info@deltamicroscopies.com
Website by : Screen Up – 35 Rue de Châtillon 35000 Rennes, 02 30 83 45 56
Hosting provider: SAS OVH | Siège social : 2, rue Kellermann – 59100 ROUBAIX | RCS Lille Métropole n° 424 761 419 00045
Data Protection Officer: Souai Samia – info@deltamicroscopies.com

This legal notice template is provided by the GDPR legal notice generator from Orson.io. (Legal notice)

2.General conditions of use of the website and services offered Legal notice

The Website constitutes a work of the mind 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 benefit any or all of the elements or works on the Website.

The use of the website https://www.em-grade.com/ implies full and complete acceptance of the general terms and conditions of use described below. These terms of use may be amended or supplemented at any time; therefore, users of the website https://www.em-grade.com/ are encouraged 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://www.em-grade.com/, who will then endeavor to communicate the dates and times of the intervention to users in advance. The website https://www.em-grade.com/ is regularly updated by its responsible party, https://www.em-grade.com/. Likewise, 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 to become aware of them. (Legal notice)

3.Description of the services provided Legal notice

The website https://www.em-grade.com/ aims to provide information about all the activities of the company. https://www.em-grade.com/ strives to provide as accurate information as possible on the website https://www.em-grade.com/. However, it shall not be held responsible for omissions, inaccuracies, and deficiencies in the update, whether by its own doing or by that of third-party partners who provide this information.

All the information indicated on the website https://www.em-grade.com/ is given for information purposes only and may evolve. Furthermore, the information on the website https://www.em-grade.com/ is not exhaustive. It is provided subject to modifications that may have been made since it was put online.

4.Contractual limitations on technical data Legal notice

The website uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the website user agrees to access the site using recent equipment, free of viruses, and with an up-to-date web browser. The website https://www.em-grade.com/ is hosted by a provider within 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 rate of accessibility. The hosting provider 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 durations, particularly for maintenance, improvement of its infrastructure, infrastructure failure, or if the Services generate traffic deemed abnormal.

https://www.em-grade.com/ and the hosting provider cannot be held responsible for Internet network malfunctions, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.

5.Intellectual property and counterfeits

https://www.em-grade.com/ is the owner of intellectual property rights and holds usage rights for all elements accessible on the website, including text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, regardless of the means or process used, is prohibited without prior written permission from: https://www.em-grade.com/.

Any unauthorized use of the website or any of its elements will be considered as constituting an infringement and will be pursued in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

6.Limitations of liability Legal notice

https://www.em-grade.com/ acts as the publisher of the website. https://www.em-grade.com/ is responsible for the quality and accuracy of the Content it publishes.

https://www.em-grade.com/ cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website https://www.em-grade.com/, 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://www.em-grade.com/ also cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website https://www.em-grade.com/. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.em-grade.com/ reserves the right to remove, without prior notice, any content posted in this space that violates applicable French law, especially regarding data protection. In such cases, https://www.em-grade.com/ also reserves the right to call into question the civil and/or criminal liability of the user, particularly in the case of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).

7.Management of personal data Legal notice

The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014, on confidence in the digital economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1. Responsible for collecting personal data Legal notice

For Personal Data collected as part of the creation of the User’s personal account and browsing on the Website, the data controller is: SAS Delta Microscopies. https://www.em-grade.com/ is represented by Souai Samia, its legal representative.

As the controller of the data it collects, https://www.em-grade.com/ undertakes to comply with the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of their data processing, to provide their prospects and clients, from the time of data collection, with complete information on the processing of their personal data and to maintain a record of processing in accordance with the reality. Whenever https://www.em-grade.com/ processes Personal Data, https://www.em-grade.com/ takes all reasonable measures to ensure the accuracy and relevance of the Personal Data for the purposes for which https://www.em-grade.com/ processes them.

7.2. Purpose of the data collected Legal notice

https://www.em-grade.com/ is likely to process all or part of the data:

to allow browsing on the website and the management and traceability of the services ordered by the user: login and use of the website, invoicing, order history, etc. to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hash) to improve navigation on the website: login and usage data to conduct optional satisfaction surveys on https://www.em-grade.com/: email address https://www.em-grade.com/ does not sell your personal data, which is used solely out of necessity or for statistical and analytical purposes.

7.3. Right of access, rectification, and opposition Legal notice

In accordance with current European regulations, Users of https://www.em-grade.com/ have the following rights:

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users’ data right to block or erase Users’ personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication, or storage is prohibited
  • right to withdraw consent at any time (Article 13-2c GDPR)
  • right to limit the processing of Users’ data (Article 18 GDPR)
  • right to oppose the processing of Users’ data (Article 21 GDPR)
  • right to the portability of the 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 Users’ data after their death and to choose to whom https://www.em-grade.com/ should communicate (or not) Users’ data to a third party they have previously designated

As soon as https://www.em-grade.com/ becomes aware of the death of a User and in the absence of instructions from them, https://www.em-grade.com/ undertakes to destroy their data unless their retention is necessary for probative purposes or to meet a legal obligation.

If the User wishes to know how https://www.em-grade.com/ uses their Personal Data, request to rectify it or oppose its processing, the User can contact https://www.em-grade.com/ in writing at the following address: SAS Delta Microscopies – DPO, Souai Samia, 22b route de Saint Ybars 31190 Mauressac.

In this case, the User must indicate the Personal Data they would like https://www.em-grade.com/ to correct, update, or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.em-grade.com/ by law, particularly with regard to the conservation or archiving of documents. Finally, Users of https://www.em-grade.com/ may file a complaint with the supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).

7.4. Non-disclosure of personal data Legal notice

https://www.em-grade.com/ is prohibited from processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as « not adequate » by the European Commission without first informing the Client. However, https://www.em-grade.com/ 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).

https://www.em-grade.com/ undertakes to take all necessary precautions to preserve the security of the Information and, in particular, that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://www.em-grade.com/, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Moreover, https://www.em-grade.com/ does not collect any « sensitive data. »

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

Within the limits of their respective powers and for the purposes mentioned above, the main persons who may have access to the User’s data from https://www.em-grade.com/ are mainly our customer service agents.

8.Notification of incidents Legal notice

Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the information they need to help them meet their own regulatory reporting requirements.

No personal information of the user of the website https://www.em-grade.com/ is published without the user’s knowledge, exchanged, transferred, ceded, or sold on any medium to third parties. Only the assumption of the purchase of https://www.em-grade.com/ and its rights would allow the transmission of the said information to the prospective purchaser who would, in turn, be bound by the same obligation to retain and modify data with respect to the user of the website https://www.em-grade.com/.

 Security Legal notice

To ensure the security and confidentiality of Personal Data, https://www.em-grade.com/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, https://www.em-grade.com/ takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9.Hypertext links « cookies » and tags (« tags ») internet Legal notice

The website https://www.em-grade.com/ contains a number of hypertext links to other websites, set up with the authorization of https://www.em-grade.com/. However, https://www.em-grade.com/ is unable to verify the content of the websites thus visited and therefore declines any responsibility for this fact.

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

9.1. « COOKIES » Legal notice

A « cookie » is a small information file sent to the User’s browser and stored in 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, as well as the date and time of access. Cookies do not risk damaging the User’s terminal.

https://www.em-grade.com/ may process the User’s information about their visit to the website, such as the pages viewed, the searches carried out. This information allows https://www.em-grade.com/ to improve the content of the website, the User’s navigation.

Cookies facilitating the User’s navigation and/or the provision of the Services offered by the website, the User can configure their browser to enable them to decide whether they wish to accept them so that Cookies are recorded in the terminal or, conversely, rejected, either systematically or according to their sender. The User can also configure their browser software to be informed of the receipt of Cookies and to decide whether to accept them or not (case-by-case or by type of Cookies).

https://www.em-grade.com/ informs the User that, in this case, the functionality of their browser software may not be all available.

If the User refuses to accept Cookies in their terminal or browser, or if the User deletes those recorded there, the User is informed that their browsing and experience on the website may be limited. This could also be the case when https://www.em-grade.com/ 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 appears to be connected to the internet.

If applicable, https://www.em-grade.com/ declines any responsibility for the consequences related to the degraded functioning of the website and of the Services possibly proposed by https://www.em-grade.com/, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.em-grade.com/ to record or consult the Cookies necessary for their operation due to 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 indicate how the User can change their wishes for Cookies.

At any time, the User can choose to express and modify their wishes for Cookies. https://www.em-grade.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 the social networks Twitter, Facebook, Linkedin, and Google Plus appearing on the website of https://www.em-grade.com/ and if the User has accepted the deposit of cookies by continuing to browse the website of https://www.em-grade.com/, Twitter, Facebook, Linkedin, and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent to them, by continuing to browse the website of https://www.em-grade.com/. At any time, the User can nevertheless reconsider their consent to https://www.em-grade.com/ depositing this type of cookie.

9.2. TAGS (« TAGS ») INTERNET

https://www.em-grade.com/ may occasionally use Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialist web analytics partner likely to be located (and therefore to 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 the various pages of it.

This technology allows https://www.em-grade.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 viewed), as well as the use of this website by the User.

The external service provider may collect information about visitors to the website and other websites through these tags, compile reports on the website’s activity for https://www.em-grade.com/, and provide other services related to the use of it and the Internet.

10.Applicable law and attribution of jurisdiction

Any dispute related to the use of the website https://www.em-grade.com/ is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of Toulouse.