1. Website introduction.
In accordance with article 6 of law 2004-575 of 21 June 2004 on trust in the digital economy, users of the website ... are hereby notified of the identity of the entities participating in the website's development and operation:
Owner: Embisphere – SAS 50937053200012 – 85 rue du Molinel 59700 Marcq en Baroeul - FRANCE
Publisher: Marketing/Communication Manager – +33(0) 3 20 61 06 88
The publisher is a physical person or legal entity.
Administrator: Yannik MILLEAU – firstname.lastname@example.org
Hosting service: OVH – http://www.ovh.com/fr/index.xml
This site is normally accessible to users at all times. Nonetheless, interruptions of service for technical maintenance reasons may be decided by ..., who shall attempt to inform users in advance of the dates and times of any scheduled maintenances.
3. Description of services provided.
The purpose of the website ... is to provide information regarding the business activities of the company.
Embisphere makes every effort to ensure that the information on the website ... is as accurate as possible. Nevertheless, it shall not be held liable for any omissions, errors or lacks in updates to the site, whether these be its own or from third party partners which may have provided said information.
All information on the website ... is provided for information purposes only and is subject to change. Furthermore, the information provided on website ... is not exhaustive. Information is provided with the understanding that it may have been modified since it was published online.
4. Contractual limitations regarding technical data.
This website shall not be held liable for any material damages related to the use of this website. Furthermore, users of the website agree to access the site using modern computer equipment that is free of viruses and through a modern browser that has been properly updated.
5. Intellectual property and piracy.
Embisphere is the owner of all the intellectual property rights, or holds usage rights, for all of the elements accessible on this website, including text, images, graphics, logo, icons, sounds and software applications.
Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, through any means or procedure whatsoever, is strictly forbidden without prior written authorisation from Embisphere.
Any unauthorised use of the website or of any of its elements shall be considered an act of piracy and subject to legal action under articles L.335-2 and following of the Intellectual Property Code.
6. Limited liability.
Embisphere shall not be held liable for any direct or indirect damage caused to users computer equipment while accessing the website ..., and which may result from the use of equipment which does not meet the specifications listed in point number 4, or which may be due to a bug or an incompatibility.
Furthermore, Embisphere shall not be held liable for any indirect damage caused by the use of the website ... (such as, for example, loss of business or opportunity).
Interactive pages (where questions may be asked in the contact section) are made available to users. Embisphere reserves the right to remove, without prior notice, any content posted on said pages which may contravene applicable legislation in France, in particular legislation related to the protection of data. Embisphere also reserves the right, when necessary, to hold a user liable under applicable civil and/or criminal laws in the case of posts which are of a racist, injurious, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.)
7. Management of personal information.
In France, personal information is protected by law 78-87 of 6 January 1978, law 2004-801 of 6 August 2004, article L 226-13 of the Penal Code, and EU Directive of 24 October 1995.
In the course of using the website ..., the following data may be collected: The URL of the link by which the user accessed the website ..., the user's internet service provider, and the user's internet protocol (IP) address.
In all circumstances, Embisphere collects personal user information for the sole purposes of providing the services offered by the website ... Users provide this information knowingly, particularly as they themselves input this information. Users of the website ... are therefore informed whether or not they are required to provide said information.
In accordance with the provisions of articles 38 and following of law 78-17 of 6 January 1978 regarding information technology, files and personal freedoms, each user has the right to access, correct or remove their personal information by submitting a written and signed request, along with a copy of their identity card signed by its holder, and the address to which a reply should be sent.
No personal information of any user of the website ... shall be published unbeknownst to said user, or exchanged, transferred, yielded or sold, by means of any medium whatsoever, to any third party. Only in the event that Embisphere and its rights are acquired would the transfer of said information to the purchasing party be permitted; said party would in turn be subject to the same obligations governing the preservation and modification of data vis-a-vis the users of the website ...
This website has not been reported to the CNIL as it does not collect any personal information.
The databases are protected by the provisions of the law of 1 July 1998 which supersedes directive 96/9 of 11 March 1996 regarding the legal protection of databases.
8. Hyperlinks and cookies.
The website ... contains a number of hyperlinks to other websites, which have been implemented with the authorisation of Embisphere. Nevertheless, Embisphere is not in a position to verify the contents of any sites visited by means of these links, and shall in no way be held liable for any consequences which may arise from the use of said links.
Navigation on the website ... is likely to result in the installation of cookies on a user's computer. A cookie is a small file which does not identify the user, but which records information regarding a computer's navigation of a website. Data thus collected is used to facilitate and improve future user navigation of the website, and can also be used to measure the frequency of visits in different ways.
The refusal to install a cookie may result in some website services being inaccessible. Nonetheless, should a user wish to prevent cookies from being installed, they may configure their computer as follows:
With Internet Explorer: Tools menu / Internet options. Click on Privacy and select Block all cookies. Confirm by clicking OK.
9. Applicable law and jurisdiction.
All litigation related to the use of the website ... shall be subject to the laws of France, and the exclusive jurisdiction of the relevant courts in Paris.
10. Principal applicable laws.
Law 78-87 of 6 January 1978, modified by law 2004-801 of 6 August 2004 regarding information technology, files, and personal freedoms.
Law 2004-575 of 21 June 2004 regarding trust in the digital economy.
User: A user of the Internet who connects and uses the above-named website.
Personal information: "any information which allows, in any form whatsoever, directly or indirectly, the identification of the physical persons to whom it belongs" (article 4 of law 78-17 of 6 January 1978).