Legal notice & privacy policy
Definitions
Customer: any professional or natural person capable within the meaning of articles 1123 and following of the French Civil Code, or any legal person, who visits the Website subject to the present legal notice.
Benefits and Services: www.proges.fr makes available to its Customers:
Content: All of the items comprising the information present on the Website, such as text – image – videos.
Customer information: Hereafter “Information”, which corresponds to any personal data that may be held by www.proges.fr in order to manage your account, manage customer relations, and for analytical and statistical purposes.
User: Web user connecting to and using the above-mentioned 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 French Law No. 78-17 of 6 January 1978).
The terms “data of a personal nature”, “person concerned”, “sub-contractor”, and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the website.
Under Article 6 of French Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, the website www.proges.fr informs its users of the identity of the various parties involved in its implementation and monitoring:
Owner: SAS BDDR Share capital of € 5,000 VAT number: FR25519133011 – 2 route du village 06400 Cannes France
Publication manager:
The publication manager is a natural person or a legal person
Webmaster:
Host: ovh – 2 rue Kellermann 59100 Roubaix 1007 France
Data protection officer:
2. General conditions of use of the website and services offered.
The website constitutes an intellectual work protected by the articles of the Intellectual Property Code and the applicable International Regulations.
Customers may not in any way reuse, transfer or exploit for their own purposes all or part of the items or works on the Website.
Use of the Website www.proges.fr implies full acceptance of the following general terms and conditions of use. These conditions of use are subject to modification or addition at any time, and users of the Website www.proges.fr are therefore invited to consult them regularly.
This Website is normally accessible to users at all times. However, www.proges.fr may decide to interrupt the site for technical maintenance and will endeavour to communicate the dates and times of the intervention to the users in advance.
The Website www.proges.fr is regularly updated by the manager of the site. In the same way, legal notices can be amended at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.
3. Description of the services provided.
The purpose of the Website www.proges.fr is to provide information about all the company’s activities. However, www.proges.fr shall not be held liable for any omissions, inaccuracies or deficiencies in the updates, whether due to its actions or the actions of third parties providing such information.
All of the information on the Website www.proges.fr is provided for information purposes only and is subject to change. In addition, the information on www.proges.fr is not exhaustive and may be subject to modification following its publication online.
4. Contractual limitations on technical data.
The Website uses JavaScript technology.
The Website may not be held liable for any material damage related to the use of the Website. In addition, the User undertakes to access the site using recent, virus-free hardware with an up-to-date browser of the latest generation.
The Website www.proges.fr is hosted by a hosting provider located on the territory of the European Union in compliance 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 hosting provider ensures a continuous 24-hour service every day of the year. Nevertheless, it reserves the right to interrupt the hosting service for the shortest times possible for the purposes of maintenance, improvement of its infrastructure, defects in its infrastructure, or if the Services Provided generate traffic that is deemed abnormal.
The Website www.proges.fr and the host cannot be held responsible in the event of a malfunction of the Internet, telephone lines, or computer and telephone equipment, such as due to network congestion preventing access to the server.
5. Intellectual property and infringements.
www.proges.fr owns the intellectual property rights and holds the rights of use on all elements accessible on the site, including text, 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 the process used, is prohibited without the prior written consent of: www.proges.fr.
Any unauthorised use of the site or of any of the elements contained therein shall be deemed to constitute an infringement and shall be pursued in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Liability limitations.
www.proges.fr acts as the publisher of the Website. www.proges.fr is responsible for the quality and the accuracy of the Content that it publishes.
www.proges.fr cannot be held liable for any direct or indirect damage to the user’s equipment when accessing the Website www.proges.fr, resulting either from the use of equipment not meeting the specifications stipulated in point 4 or from the appearance of a bug or incompatibility.
www.proges.fr will also not be liable for any indirect damages (such as loss of market or opportunity) resulting from the use of www.proges.fr.
Interactive spaces (possibility to ask questions on the contact page) are available to users. www.proges.fr reserves the right to delete, without prior notice, any content deposited in this space that would contravene the applicable legislation in France, in particular the provisions relating to data protection. Where appropriate, www.proges.fr also reserves the right to challenge the civil and/or criminal liability of the user, in particular in the case of a message of a racist, injurious or defamatory nature, or pornographic, whatever the medium used (text, photograph, etc.).
7. Management of personal information.
The Customer is informed of the regulations concerning marketing communication, the French law of 21 June 2014 on Confidence in the Digital Economy, the French Data Protection Law of 5 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Parties responsible for collecting personal information
For the Personal Information collected when the User creates a personal account and browses the Website, the party responsible for processing the Personal Information is: BDDR. www.proges.fr is represented by Pasquet, its legal representative.
In its capacity as responsible party for processing the data that it collects, www.proges.fr agrees to respect the legal provisions in force. It is responsible for establishing to the Customer the purposes of its data processing, and for providing to its prospects and customers, based on obtaining their consent, comprehensive information on the use of their personal information, and for maintaining an accurate register of the data processing. Whenever www.proges.fr processes Personal Information, it shall take all reasonable measures to ensure the accuracy and pertinence of the Personal Information with regard to the purposes for which www.proges.fr processes them.
7.2 Purpose of the data collected
www.proges.fr may process all or part of the data:
- To allow navigation on the Website and the management and traceability of the services ordered by the user: data for connecting to and using the Website, invoicing, order history, etc.
- To prevent and combat computer fraud (spamming, hacking, etc.): computer hardware used for browsing, IP address, password (hashed)
- To improve navigation of the Website: connection and usage data
- To carry out optional customer satisfaction surveys on www.proges.fr: email address
- To carry out communication campaigns (sms, email): telephone number, email address
www.proges.fr does not sell your personal information, which is only used when necessary or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with the EU regulations in force, Users of www.proges.fr have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of User data, the right to block or erase User data of a personal nature (Article 17 du GDPR), when they are inexact, incomplete, ambiguous, out of date, or when their collection, usage, communication or storage 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 processing of User data (Article 21 GDPR)
- Right to the portability of the data provided by the User when these data are the object of 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 whether www.proges.fr should communicate (or not) to a third party that they have previously designated.
As soon as www.proges.fr learns of the death of a User and in the absence of instructions from the User, www.proges.fr agrees to destroy the User’s information, except when its storage is required for evidential purposes or to fulfil a legal obligation.
If the User wants to know how www.proges.fr uses its Personal Information, request its rectification, or is opposed to its processing, the User can make a written request to www.proges.fr at the following address:
BDDR – DPO, PASQUET Florent
2 route du village 06400 Cannes France.
In this case, the User must indicate the Personal Information that he or she wants www.proges.fr to correct, update, or delete, and provide clear personal identification with a copy of an identity document (ID card or passport).
Requests to delete Personal Information shall be subject to the legal obligations required of www.proges.fr, in particular regarding storage and archiving of documents. Users of www.proges.fr may also file a complaint to the controlling authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal information
www.proges.fr shall not process, host or transfer Information collected on its Customers to a country outside the European Union or recognised as “unsuitable” by the European Commission without first informing the User. Nevertheless, www.proges.fr remains free to choose its technical and commercial sub-contractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulations (GDPR: No. 2016-679).
www.proges.fr undertakes to take all necessary precautions to preserve the security of the information and in particular that it will not be communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of www.proges.fr, the latter must inform the Customer as soon as possible and inform him or her of the corrective measures taken. In addition, www.proges.fr does not collect any “sensitive data”.
The User’s Personal Information may be processed by subsidiaries of www.proges.fr and sub-contractors (service providers) exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of www.proges.fr Users are our customer service agents.
8. Notification of incidents
Whatever the efforts made, no method of Internet transmission or electronic storage is completely secure. Consequently, we cannot guarantee absolute security.
If we learn of a breach of security, we shall inform the Users concerned in order that they may take the appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our Customers of any security issues relating to their account and to providing all necessary information to help them to respect their own regulatory reporting requirements.
No personal information regarding the Users of the Website www.proges.fr shall be published without the Users’ knowledge, nor exchanged, transferred, assigned or sold on any support to third parties. Only the hypothetical purchase of www.proges.fr and of its rights would result in the transmission of the said information to the purchaser, which would then be subject to the same obligations regarding storage and modification of data with respect to the Users of www.proges.fr.
Security
To ensure the security and confidentiality of Personal Information and Personal Health Data, www.proges.fr uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Information, www.proges.fr takes all reasonable measures to protect against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The Website www.proges.fr contains a number of hypertext links to other sites, set up with the permission of www.proges.fr. However, www.proges.fr does not have the possibility of verifying the content of the sites so visited, and will therefore assume no responsibility for this fact.
Unless you decide to disable cookies, you agree that the Website can use them. You can disable these cookies at any time free of charge using the deactivation options available to you and mentioned below, bearing in mind that this may reduce or prevent access to all or part of the Services available on the Website.
9.1. COOKIES
A cookie is a small information file sent to the User’s browser and stored on the User’s device (computer, smartphone, etc.) (hereafter “Cookies”). This file comprises information such as the User’s domain name, Internet service provider and operating system, along with the date and time of access. Cookies bring no risk of damaging the User’s device.
www.proges.fr may process the User’s information concerning his or her Website visit, such as the pages visited and searches carried out. This information allows www.proges.fr to improve its Website content and the User’s browsing experience.
Cookies facilitate the navigation and/or supply of services offered by the Website, and the User can configure his or her device in order that he/she can decide whether or not to accept the way that the Cookies are recorded in the device, or reject them, either systematically or depending on the sender. The User can also configure his or her browser software in order that the acceptance or refusal of Cookies is suggested intermittently, before a Cookie is recorded on the device. www.proges.fr informs the User that, in such a case, some browser functions may not be available.
If the User refuses Cookies on his or her device or browser, or if the User deletes those recorded there, the User is informed that his or her browsing experience of the Website may be limited. This could also be the case when www.proges.fr or one of its service providers cannot recognise, for the purposes of technical compatibility, the type of browser used by the device, the language and display settings, or the country from which the device seems to be connected to the Internet.
When appropriate, www.proges.fr declines all responsibility for the consequences resulting from a degraded functioning of the Website and any services proposed by www.proges.fr that result from (i) a refusal of Cookies by the User (ii) the impossibility for www.proges.fr to store or consult the Cookies required for their functioning resulting from the choice made by the User. In order to manage Cookies and User choices, each browser has a different configuration. This is described in the browser help menu, which will indicate how the User can modify his or her Cookie preferences.
The User can choose to express and modify his or her Cookie preferences at any time. www.proges.fr can also call on the services of external service providers for assistance in collecting and processing the information described in this section.
Lastly, by clicking on the social media icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus featured on the www.proges.fr Website or in its mobile application, and if the User has accepted Cookies when browsing on the www.proges.fr Website or mobile application, then Twitter, Facebook, LinkedIn or Google Plus may also deposit cookies on your device (computer, tablet, mobile phone).
These types of Cookies are only deposited on your device if you consent by continuing to browse the www.proges.fr Website or mobile application. The User can nevertheless at any time withdraw his or her consent that www.proges.fr deposit this type of cookies.
Article 9.2. INTERNET TAGS
www.proges.fr may occasionally employ Internet tags (also called single-pixel GIFs, transparent GIFs, invisible GIFs and 1-on-1 GIFs) and deploy them through a specialist Web analysis partner that may be located in a foreign country (and therefore store the corresponding information there, including the User’s IP address).
These tags are placed in online advertisements that give web users access to the Website, and on the site’s different pages.
This technology allows www.proges.fr to evaluate visitors’ response to the Website and the effectiveness of its action (e.g. the number of times a page is opened and the information consulted), and the User’s use of the Website.
The external service provider may collect information on visitors to the Website and other websites using these tags, produce web activity reports for www.proges.fr, and provide other services relating to use of the Website and the internet.
10. Applicable law and jurisdiction.
Any dispute regarding the use of the Website www.proges.fr is subject to French law. Apart from cases where the law does not permit it, the competent courts of Cannes shall have exclusive jurisdiction.