Legal mention

Definitions

Customer: any professional or natural person who is capable under the terms of Articles 1123 et sequens of the Civil Code, or any legal person, who visits the Site covered by these terms and conditions.

Content: All of the components of the information on the Site, especially text, images and videos.

Customer details: Hereafter referred to as “details”, meaning any personal data that may be held by https://www.folan.net for the purposes of managing your account, managing customer relations and/or performing statistical analyses.

User: An internet user connecting to and using the abovementioned site.

Personal details: “Information, in any form whatsoever, that makes it possible, directly or indirectly, to identify the natural persons to whom they apply” (Article 4 of Law 78-17 of 6 January 1978).

The terms “personal data”, “person concerned”, “subcontractor” and “sensitive data” have the meanings set out by the General Data Protection Regulation (GDPR: no. 2016-679)

Presentation of the website

Pursuant to Law 2004-575 of 21 June 2004 on trust in the digital economy, users of the website https://www.folan.net are informed that the identities of the various people involved in the production and monitoring of the site are as follows:

Owner: SAS FOLAN || Capital stock of €1,000,000 || VAT number: FR 01 347 847 881 || 692 rue des Mercières 69140 Rillieux-la-Pape

Publication manager: Ludovic Robert – contact@www.folan.net

The publication manager is a natural or legal person.

Webmaster: Cécile Postifferi – cecile.postifferi@www.folan.net

Host: OVH – 2 rue Kellermann 59100 Roubaix 1007

Data protection officer: FOLAN – contact@www.folan.net

The legal notice has been produced with the template offered by the free legal notice generator for websites

Terms and conditions of use of the site and the services offered

The Site is an intellectual work that is protected by the provisions of the Intellectual Property Code and applicable International Regulations. Customers are not entitled to reuse, assign or operate, in any way whatsoever, components or works of the Site, whether partially or entirely, for their own gain.

By using the https://www.folan.net site you agree fully to abide by all of the terms and conditions described hereafter. These terms and conditions may be amended or added to at any moment, therefore it is recommended that users of the https://www.folan.net site read them on a regular basis.

This site can usually be accessed at any time by users. However, https://www.folan.net may decide to interrupt it for the purposes of technical maintenance. Where possible, notification of the times and dates of such interruptions will be given in advance. The https://www.folan.net website is regularly updated by the manager of https://www.folan.net. The legal notice may also be amended at any time: it is up to the user to refer to it as often as possible to stay abreast of its contents.

Description of services provided

The purpose of the https://www.folan.net website is to provide information about all of the company’s activities. https://www.folan.net endeavours to give information that is as precise as possible on the https://www.folan.net site. Nevertheless, it may not be held liable for any omissions, inaccuracies and failures to update no matter whether they are attributable to it or a third-party partner.

All information on the https://www.folan.net site is given for indicative purposes and is liable to change. Furthermore, the information on the https://www.folan.net site is not exhaustive. It is provided with the reservation that amendments may have been made since it was posted online.

Contractual limitations to technical data

The site uses JavaScript technology. The website cannot be held liable for any damage suffered by equipment arising from the use of the site. Moreover, users of the site undertake to access the site using recent equipment that does not contain viruses and with an up-to-date latest-generation browser. The https://www.folan.net site is hosted by a service provider based in the European Union as per the provision of the General Data Protection Regulation (GDPR no 2016-679)

The aim is to deliver a service with the best possible rate of accessibility. The host undertakes to provide 24/7 continuity of service. However, it reserves the right to interrupt this hosting service for the shortest possible durations, especially for the purposes of maintenance or infrastructural improvement or because of faults to its infrastructure or if the Services generate an amount of traffic deemed to be abnormal.

Neither https://www.folan.net nor the host may be held responsible for any malfunctioning of the Internet, telephone lines or computer or telephonic equipment in the event of access to the server being prevented by network congestion.

Intellectual property and fraud

https://www.folan.net owns the intellectual property rights and hold usage rights for all the accessible components on the website, in particular the texts, image, graphics, logos, videos, icons and sounds. Any partial or total reproduction, representation, amendment, publication or adaptation of the site components, irrespective of the nature or the means used, is forbidden without the prior written consent of https://www.folan.net.

Any unauthorised use of the site or any of its components will be considered to be fraudulent and will be prosecuted in accordance with the provisions of Articles L.335-2 et sequens of the Intellectual Property Code.

Limitations on liability

https://www.folan.net is the site publisher. https://www.folan.net is responsible for the quality and authenticity of the Content that it publishes.

https://www.folan.net cannot be held liable for any direct or indirect harm suffered by a user’s equipment while accessing the https://www.folan.net website and arising from the use of equipment that does not meet the specifications indicated in Point 4 or from the appearance of a bug or incompatibility.

In addition, https://www.folan.net cannot be held liable for any indirect harm (such as, for example, the loss of a contract or opportunity) following use of the https://www.folan.net site. Interactive sections (where it is possible to ask questions in the contact section) are available to users. https://www.folan.net reserves the right to remove, without notice, any content introduced to this section that may breach legislation that is applicable in France, especially in relation to data protection. https://www.folan.net also reserves the right to, where necessary, take civil or legal proceedings against a user, particularly in the case of any message of a racist, abusive, defamatory or pornographic nature, irrespective of the format used (text, photograph, etc.).

Management of personal data

The Customer is made aware of the regulations concerning marketing communication, the law of 21 June 2014 regarding trust in the Digital Economy, the Data Protection Law of 06 August 2004 and the General Data Protection Regulation (GDPR: no. 2016-679)

Personal data processing managers

For the Personal Data collected as part of the user account creation process and for navigating on the site, the Personal Data processing manager is: FOLAN. https://www.folan.net, represented by Ludovic Robert, its legal representative.

As the processing manager for the data it collects, https://www.folan.net undertakes to respect the prevailing legal framework. In particular, it undertakes to make the Customer aware of the purposes for which the data is collected and managed and to provide its prospects and customers, once they have given consent, with full information about the handling of their personal data and to keep a full and accurate record of how their data is used. Whenever https://www.folan.net handles Personal Data, https://www.folan.net takes all reasonable precautions to ensure the accuracy and relevance of the Personal Data for the purposes for which https://www.folan.net uses it.

Purpose for which data is collected

https://www.folan.net may process all or part of the data in order to:

  • Enable site navigation and management and traceability of services ordered by the user: site connection and usage data, order history, etc.
  • prevent and combat computer fraud (spamming, hacking and so on): computer equipment used for browsing, the IP address, the password (hashed)
  • improve site navigation: connection and usage data
  • conduct optional satisfaction surveys on https://www.folan.net: email address
  • run communication campaigns (text, mail): telephone number, email address
  • https://www.folan.net does not sell your data, which is used exclusively as required or for statistical or analytical purposes.

Access, correction and objection right

In accordance with prevailing European regulations, Users of https://www.folan.net have the following rights:

  • the rights to access (Article 15 of the GDPR), correct (Article 16 of the GDPR), update, complete User data, rights to lock of delete User’s personal data (Article 17 of the GDPR) if the data is inaccurate, incomplete, ambiguous or out of date or its collection, use, communication or storage is forbidden
  • the right to withdraw consent at any time (Article 13-2c GDPR)
  • right to limit processing of User data (Article 18 GDPR)
  • right to object to the processing of User data (Article 21 GDPR)
  • right of portability of data provided by the User when the data is subject to automated processing based on their consent or a contract (Article 20 GDPR)
  • right to set down how User data is to be used after their death and to choose the pre-nominated third party to whom https://www.folan.net must disclose it (or not)

As soon as https://www.folan.net becomes aware of the death of a User, and in the absence of instructions from the User, https://www.folan.net undertakes to destroy his or her data unless it is necessary to keep it for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how https://www.folan.net uses his or her Personal Data or to correct it or object to its processing, the User can contact https://www.folan.net by writing to the following address:

 FOLAN – DPO, FOLAN

692 rue des Mercières 69140 Rillieux-la-Pape. 

In this case, the User must indicate which Personal Data he or she would like https://www.folan.net to correct, update or delete and provide precise identification in the form of a copy of his or her national identity card or passport.

Requests for the deletion of Personal Data will be subject to the duties imposed on https://www.folan.net by the law, especially in terms of document storage and archiving. Lastly, Users of https://www.folan.net can submit a claim to governing bodies, in particular the CNIL/French Data Protection Authority (https://www.cnil.fr/fr/plaintes).

Non-disclosure of personal data

https://www.folan.net gives an undertaking not to process, host or transfer collected Customer data in or to a country located outside the European Union, or any country recognised as “inadequate” by the European Commission, without first notifying the customer. Notwithstanding that, https://www.folan.net remains free to choose its technical and commercial subcontractors so long as they give sufficient guarantee with regard to the requirements of the General Data Protection Regulation (GDPR 2016-679).

https://www.folan.net vows to take all precautions needed to uphold the security of data, ensuring, in particular, that data cannot be disclosed to unauthorised persons. In the event of an incident that impacts on the integrity or confidentiality of Customer Data being brought to the attention of https://www.folan.net, the company must notify the Customer as soon as possible, informing him or her of the corrective measures taken. Furthermore, https://www.folan.net does not collect any “sensitive data”.

Users’ Personal Data may be processed by subsidiaries of https://www.folan.net and subcontractors (service providers), exclusively in the pursuit of the purposes of the present policy.

The main people likely to have access to the data of Users of https://www.folan.net, within the limited scope assigned to them and solely for the purposes indicated above, are our customer service representatives.

Incident notification

Irrespective of the best efforts, no method of online transmission or electronic storage is completely safe. Therefore, under no circumstances can we guarantee absolute security. If we become aware of a security breach, we alert the users concerned so that they may take appropriate measures. Our incident notification procedures take account of our legal obligations, both national and European. We undertake to give our customers full details of any issues relating to the security of their accounts and to provide any information needed to help them comply with their own regulatory duties in terms of reporting.

None of the personal data of users of the https://www.folan.net site is published without the user’s knowledge, nor exchanged, transferred, passed on to or sold in any form whatsoever to a third party. The only circumstance in which the said data may be transmitted shall be in the event of https://www.folan.net being taken over, in which case the new owner shall be required to abide by the same obligations to users of the https://www.folan.net site  in terms of holding and amending data.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.folan.net uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

While processing Personal Data, https://www.folan.net takes all reasonable measures to protect it from loss, hijacking, unauthorised use, disclosure, alteration or destruction.

Hypertext links, ‘cookies’ and internet tags

The https://www.folan.net site contains a number of hypertext links that redirect users to other sites and that have been included with the permission of https://www.folan.net. However, it is not possible for https://www.folan.net to check the content of such sites, so the company cannot bear any liability relating to them.

Unless you decide to deactivate cookies, you agree that the site can use them. You can deactivate cookies free of charge at any time by using the deactivate options that are made available to you and reiterated hereafter. Be aware that such deactivation may reduce or prevent access to some or all of the Services offered on the site.

“COOKIES”

A “cookie” is a small information file sent to the User’s browser and saved on the User’s device (e.g. computer or smartphone). This file contains information such as the User’s domain name, the User’s internet provider, the User’s operating system and the time and date of access. Cookies carry no risk whatsoever of harming the User’s device.

https://www.folan.net may process data about the User’s visit to the Site, including the pages viewed and searches performed. This data helps https://www.folan.net to improve the Site content and the User’s browsing experience.

For cookies that help navigation and/or the supply of services offered by the Site, the User can configure his or her browser to give him or her the choice of agreeing or refusing to allow cookies to be saved on his or her device or, on the other hand, to reject them automatically depending on who issues them. The User may also configure his or her software so that the option to accept or reject cookies is offered before any cookie is saved on to his or her device. https://www.folan.net hereby informs the User that, in this case, certain functionalities of the browser software may not be available.

If the User refuses to allow cookies to be saved on his or her device or browser, of if the User deletes ones that have been saved, the User is informed that his or her browsing and experience on the site may be limited. That may also be the case when https://www.folan.net or one of its service providers cannot recognise, for technical accounting purposes, the type of browser used by the device, the language settings, the display or the country from which the device seems to be connected to the Internet.

https://www.folan.net cannot be held liable for the consequences of any degraded functionality of the Site and services offered by https://www.folan.net arising from (i) the User’s rejection of a cookie (ii) the inability of https://www.folan.net to save or view cookies needed for functioning as a result of the User’s choice. With regard to managing cookies and User choices, each browser can be configured differently. The configuration is described in the browser’s help menu, which let Users know how their preferences for cookies can be changed.

Users can, at any time, choose to express or change their wishes with regard to cookies. What is more, https://www.folan.net may ask external service providers to help gather and processes the data described in this section.

Lastly, by clicking on the icons on the https://www.folan.net site for the social networks Twitter, Facebook, Linkedin and Google Plus, or on its mobile application, and if the User has agreed to accept cookies while browsing on the Site or using the https://www.folan.net mobile application, Twitter, Facebook, Linkedin and Google Plus may also put cookies on your devices (computer, tablet or mobile phone).

These types of cookies are only placed on your devices if you consent by continuing your browsing on the https://www.folan.net site or mobile application. The User can withdraw his or her consent at any time so that https://www.folan.net is no longer allowed to place this type of cookie.

TAGS

https://www.folan.net may occasionally use web tags (also known as action tags) and deploy them through a partner that specialises in web analytics and who may be based (and, therefore, may store corresponding information, including the User’s IP address) in a foreign country.

These tags are included in online advertisements through which users may access the Site as well as on other pages of the Site. 

This technology enables https://www.folan.net to evaluate visitors’ responses to the Site and the efficiency of their actions (for example, the number of times a page is opened and informed read) and also to assess how Users’ use the site.

The external service provider may collect data about visitors to the site and other sites by using tags, compiling site activity reports for https://www.folan.net and providing other services relating to the company and the internet.

Applicable law and assignment of jurisdiction.

Any dispute relating to use of the https://www.folan.net site shall be governed by French law. Except in cases where the law does not allow it, such disputes are assigned exclusively to the relevant courts in Lyon.