Customer: any professional or capable natural person as defined in Articles 1123 et. seq. of the French Civil Code, or corporate body, who visits the website that is the subject of these General Terms and Conditions.
Services: https://www.cermac.fr provides to Customers:
Contents: All of the elements that make up the information available on the website, especially text, images, and videos.
Customer information: Hereinafter referred to as Information that corresponds to all of the personal data that is susceptible to being retained by https://www.cermac.fr for management of your account, management of customer relations, and statistical and analytical purposes.
User: The Internet user who accesses the above-mentioned website.
Personal information: Information that allows, regardless of the form it is in, identification of the natural persons it applies to (Article 4 of the French Law 78-17 dated 6 January 1978).
The terms personal data, data subject, subcontractor, and sensitive data are defined as in the General Data Protection Regulation (EU Regulation 2016/679)
1. Overview of the website
By virtue of Article 6 in French Law No. 2004-575 dated 21 June 2004 for trust in the digital economy, the website https://www.cermac.fr gives the names of the various contacts to users under the framework of creation and monitoring of the website:
Owner: SARL Cermac, with a share capital of 23,750 VAT number: FR48440666550
ZAE du Temple Rue du Docteur Jean-Michel 25300 VUILLECIN FRANCE
Party responsible for publication: Claudine Lebon firstname.lastname@example.org
The party responsible for publication can be a natural person or corporate body.
Webmaster: Agence Squane email@example.com
Webhost: Celeonet 70 rue Berthie Albrecht 94400 Vitry-sur-Seine FRANCE – +33 (0)1 40 64 01 31
Data protection officer: Claudine Lebon firstname.lastname@example.org
2. General terms and conditions of use for the website and services offered
The website constitutes intellectual work protected by the French Intellectual Property Code and the applicable international regulations. The customer cannot, under any circumstance, sell, use, or re-use for their own purposes all or part of the elements or contents on the website.
The use of the website https://www.cermac.fr implies the full acceptation of the general terms and conditions stated below. These terms and conditions can be modified or added to at any moment; users of the website https://www.cermac.fr are therefore invited to consult them regularly.
This website is normally accessible to users at any moment. However, unavailability because of technical maintenance can be decided by https://www.cermac.fr, who will make an effort to advise users ahead of time of the dates and times of maintenance. The website https://www.cermac.fr is updated regularly by the https://www.cermac.fr party responsible for publication. In the same way, the legal notices can also be changed at any moment; this requires users, who will be prompted to do so, to read them as often as possible.
3. Description of services provided
The purpose of the website https://www.cermac.fr is to provide information concerning all of the company’s activities. https://www.cermac.fr will make an effort to provide information as precisely as possible on the website https://www.cermac.fr. Nevertheless, they cannot be held responsible for omissions, inexactitudes, or lack of updates, whether on their behalf or the behalf of third parties who provide this information.
All of the information given on the website https://www.cermac.fr is given for informational purposes only and can change. In addition, the information given on the website https://www.cermac.fr is not exhaustive. It is provided subject to changes that have been made since it has been put online.
4. Contractual limitation of technical data
The purpose is to provide a service that ensures the highest accessibility rate. The host ensures the continuity of its service at all times and every day of the year. Nevertheless, it reserves the right to interrupt the hosting service for short times, especially for maintenance, infrastructure improvements or defects, or if the Services create traffic deemed abnormal.
https://www.cermac.fr and the host cannot, under any circumstance, be held responsible for malfunctioning of the Internet network, telephone lines, or computer or telephone equipment related to overload in the network limiting access to the server.
5. Intellectual property and infringement
https://www.cermac.fr is the owner of the intellectual property rights and holds the right of use for all of the elements on the website, especially the texts, images, designs, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements on the website, regardless of the means or process used, is prohibited, except with prior written consent from https://www.cermac.fr.
Any unauthorized use of the website or any of the elements it contains will be considered as an infringement and subject to legal proceedings in accordance with the provisions in Articles L.335-2 et. seq. of the French Intellectual Property Code.
6. Limit of liability
https://www.cermac.fr acts in the capacity of the editor of the website. https://www.cermac.fr is responsible for the quality and the veracity of the Contents it publishes.
https://www.cermac.fr cannot be held responsible for direct or indirect damages caused to the user’s equipment when accessing the website https://www.cermac.fr as a result of the use of equipment that does not comply with the specifications stated in Section 4 or the appearance of a bug or incompatibility.
Also, https://www.cermac.fr cannot be held responsible for indirect damages (such as loss of a market or opportunity) resulting from the use of the website https://www.cermac.fr. Interactive spaces (possibility to ask questions in a contact area) are available for users.
https://www.cermac.fr reserves the right to delete, without any advanced warning, all the contents available in this space which infringe on the governing laws in France, and in particular the provisions relative to data protection. When required, https://www.cermac.fr also reserves the possibility to commence a civil or criminal liability suit against the user, especially in the case of a message containing racist, harmful, defamatory, or pornographic content, regardless of the medium used (text, photos, etc.).
7. Management of personal data
The customer will be informed of the regulations concerning marketing communications, French Law No. 2004-575 dated 21 June 2014 (trust in the digital economy), French Law 2004-801 dated 6 August 2004 (data protection), and the General Data Protection Regulation (EU Regulation 2016/679).
7.1 Parties responsible for collecting personal data
For the Personal Data collected in the framework of creating a personal user account and browsing on the website, the party responsible for processing the Personal Data is Cermac. https://www.cermac.fr is represented by Carlos Dias, its legal representative.
As the party responsible for processing the data it collects, https://www.cermac.fr commits to respecting the current legal provisions. It is this party’s responsibility to define the purpose of its data processing, to provide to its customers and prospective customers, starting at the receipt of their consent, full information on the processing of their personal data and to maintain a processing log that reflects the true situation. Each time https://www.cermac.fr processes Personal Data, https://www.cermac.fr will take all of the reasonable measures to ensure the exactitude and pertinence of the Personal Data in view of the purpose https://www.cermac.fr is processing it for.
7.2 Purpose of the collected data
https://www.cermac.fr could process all or part of the data:
to allow navigation through the website and the management and traceability of services ordered by the user: connection and user data on the website, invoicing, order history, etc.
to prevent and fight against computer fraud (spam, hacking, etc.): the computer equipment used for browsing, IP address, password (hashing)
to improve navigation on the website: data for connection and use
to carry out optional customer satisfaction surveys on https://www.cermac.fr: email address
to carry out marketing campaigns (text, email): telephone number, email address
https://www.cermac.fr will not sell your personal data, which will only be used out of necessity or for statistical or analytical purposes.
7.3 Right to access, rectification, and objection
In compliance with current EU regulations, Users of https://www.cermac.fr have the following rights:
Right to access (GDPR Article 15), rectification (GDPR Article 16), update, and completeness of the User data; the right for Users to block or erase personal data (GDPR Article 17) when they are inexact, incomplete, vague, outdated, or when the collection, use, and communication or storing is prohibited
Right to retract consent at any time (GDPR Article 13-2c)
Right to limit the processing of User data (GDPR Article 18)
Right to object to the processing of User data (GDPR Article 21)
Right to data portability that the User has provided, when this data is subject to automatic processing based on their consent or on a contract (GDPR Article 20)
Right to define the use of the User data after death and to choose a third party ahead of time to whom https://www.cermac.fr must communicate (or not) the data.
As soon as https://www.cermac.fr is made aware of the death of a User, and in the absence of instructions on their part, https://www.cermac.fr commits to destroying their data, except if their storage is required for the purposes of probate or legal obligations.
If the User would like to know how their Personal Data is used, request corrections, or object to the processing of the data, the User can contact https://www.cermac.fr at the following address:
DPO: Claudine Lebon
ZAE du Temple Rue du Docteur Jean-Michel
25300 Vuillecin France
In this case, the User must indicate the Personal Data they would like https://www.cermac.fr to correct, update, or delete, by identifying themselves through a copy of their ID (national identity card or passport).
The requests to delete Personal Data will be subject to the obligations imposed on https://www.cermac.fr by the law, especially in terms of storage or archiving documents. Finally, Users of https://www.cermac.fr can file a complaint with the supervisory authorities, the CNIL (https://www.cnil.fr/fr/plaintes) for instance.
7.4 Non-communication of personal data
https://www.cermac.fr will not process, host, or transfer the Information collected about its customers to a country located outside of the European Union or recognized as inadequate by the European Commission without informing the customer beforehand. However, https://www.cermac.fr remains free to choose its technical and sales subcontractors, under the condition that they provide sufficient guarantees in regard to the requirements of the General Data Protection Regulation (EU Regulation 2016/679).
https://www.cermac.fr commits to taking all necessary precautions to preserve the security of Information, especially that it not be communicated to unauthorized persons. Nevertheless, if https://www.cermac.fr becomes aware of an incident impacting the integrity or the confidentiality of Customer Information, it will inform the Customer as soon as possible and explain the corrective measures carried out. Moreover, https://www.cermac.fr does not collect sensitive information.
The Users Personal Data can be processed by affiliates and subcontractors (service providers) of https://www.cermac.fr, with the sole purpose of carrying out this policy.
Within the limits of their respective attributes and for the purposes stated above, the main persons susceptible to have access to https://www.cermac.fr User data are mainly our customer service agents.
8. Notification of an incident
Regardless of the precautions taken, no method of transmission over the Internet and no method of electronic storage are completely secure. As a consequence, we cannot guarantee absolute security. If we learn of a security breach, we will inform the data subjects so that they can take the appropriate measures. Our incident notification procedures take into consideration our legal obligations, whether they are at a national or European level. We commit to inform our clients fully of the issues concerning the security of their account and to provide all of the necessary information to help them respect their own legal obligations regarding reporting.
No personal information of users of the website https://www.cermac.fr will be published without the user’s knowledge, exchanged, transferred, given over, or sold on any medium whatsoever to a third party. Only the possible purchase of https://www.cermac.fr and its rights will allows the transmission of this information to the buyer, who will be required, in turn, to adhere to the same data storage and modification obligations concerning the users of the website https://www.cermac.fr.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.cermac.fr will use networks protected by standard measures, such as firewalls, aliases, encryption, and passwords.
When processing Personal Data, https://www.cermac.fr will take all of the reasonable precautions to protect against loss, misappropriate use, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links, cookies, and beacons
https://www.cermac.fr contains a certain number of hypertexts with links to other sites, set up with the authorization of https://www.cermac.fr. Nevertheless, https://www.cermac.fr cannot verify the contents of the sites visited in this manner, and cannot be held liable because of this.
Except if you decide to deactivate the cookies, you accept that the site can use them. You can at any moment deactivate these cookies free of charge using the deactivation possibilities provided to you and summarized below, with the understanding that this could reduce or prevent total or partial access to the Services proposed by the website.
A cookie is a small computer file sent through the Users browser and stored on the Users device (computer, smartphone, etc.), hereinafter referred to as Cookies. This computer file contains information such as the User domain, the Users Internet service provider, the Users operating system, as well as the date and time of access. Cookies do not pose the threat of damaging the User device in any case.
https://www.cermac.fr could process User information concerning visits to the website, such as the pages looked at and the searches performed. This information allows https://www.cermac.fr to improve the site contents and User navigation.
If necessary, https://www.cermac.fr refuses any liability for the consequences linked to downgraded operation of the website and the possible services proposed on https://www.cermac.fr resulting from (i) the refusal of cookies by the User (ii) the inability of https://www.cermac.fr to save or consult the necessary cookies for proper operation because of the Users choices. The configuration of each browser is different when managing cookies and User choices. The browsers help menu will provide information on the way a User can modify their cookies as they wish.
The User can choose to state or modify their wishes about cookies at any moment. In addition, https://www.cermac.fr can ask external service providers to help gather and process the information described in this section.
These types of cookies are only placed on your device if you have given consent by continuing to browse the website or mobile app https://www.cermac.fr. Nevertheless, the user can retract their consent at any moment for https://www.cermac.fr to place these types of cookies.
Article 9.2. WEB BEACONS
These beacons are placed in the on-line advertisements allowing users to access the site as well as the different pages on the site. This technology allows https://www.cermac.fr to evaluate the responses of visitors using the website and the efficiency of their actions (for example, the number of times a page is opened, and the information looked at), as well as the use of the website by the User.
The external service provider could possibly collect information about the visitors on the website and the other Internet sites because of these beacons, create reports on the website activity for https://www.cermac.fr, and provide other services related to the User of the website and the Internet.
10. Applicable law and competent court
Any lawsuits in relation to the use of the website https://www.cermac.fr are subject to French laws. Except in cases where the law does not permit, lawsuits will fall under the exclusive jurisdiction of the competent court in Besancon, France.