ARTICLE 1 – PURPOSE
These Terms and Conditions of Use (hereinafter, “the Terms and Conditions” or “the T&Cs”) set out the terms and conditions under which a) the Publisher makes the Website available to its users and b) the User can access the Website. Connecting to the Website is subject to compliance with the T&Cs.
By using the Site, the User agrees to all the Terms and Conditions set out below.
ARTICLE 2 – DEFINITIONS
The “Web Host” means OVH, a simplified joint stock company (SAS) with capital of 10,069,020 euros, registered in the Lille Métropole Trade and Company Register under No. 424 761 419 00045, with its head office at: 2 rue Kellermann – 59100 Roubaix – France.
The “Publisher” means AQUALIFT, a simplified joint stock company (SARL) with its head office at ZA de Mitry-Compans 13 rue Ernest Mercier 77290 COMPANS – France, registered in the MEAUX Trade and Companies Register under No. 453 453 847
The “Website” means the website https://www.fond-mobile-aqualift.com/
The “User” means any person that uses the Website.
ARTICLE 3 – GENERAL TERMS AND CONDITIONS OF USE
Use of the Website implies full and unreserved agreement with the General Terms and Conditions set out below. These T&Cs may be subject to change or be added to at any time. Users are therefore invited to check them regularly.
The purpose of the Website is to provide information regarding the company’s activities. Aqualift makes every effort to provide the most accurate information possible. It nonetheless will not be held liable for any omissions, inaccuracies or lack of updated information, either through its own fault or that of its partners that provide it with said information. All the information contained on the Website is provided for the purposes of information only and is subject to change. Further, the information contained on the Aqualift website is not exhaustive and is is given subject to any modifications made since it was first published.
The Website will not be held liable for any material damage related to its use. Users of the website agree to access it using recent and virus-free devices and a recent version of their internet browser.
Aqualift will not be held liable for any direct or indirect damage caused to the user’s device when accessing the Aqualift website, and which is the result either of using a device that does not comply with the specifications above or of a bug or incompatibility issues.
Aqualift will also not be held liable for any indirect damage (for example, lost contract or lost opportunity) resulting from use of the Website
Aqualift owns the use rights for all the content accessible on the Website, including text, images, graphics, logos, icons, audio and video. The reproduction, representation, modification, publication, or adaptation of all or part of any data contained on the Website, regardless of the means or process used, is prohibited, unless otherwise authorised in writing beforehand by Aqualift.
Interactive content (that can be used to ask questions via the contact form) is available for Users. Aqualift reserves the right to delete, without notice, any content submitted using said form which is in violation of the law applicable in France, and, in particular, of the provisions relative to data protection. Where appropriate, Aqualift also reserves the right to hold the User civilly and/or criminally liable, including in the case of messages deemed to be racist, abusive, libellous, or pornographic in nature, and regardless of the media used (text, photograph, etc.).
Information submitted in these fields will not be collected by Aqualift, and the User submits such information in full knowledge of the facts, when entering such information themselves.
Main French laws applicable: Data Protection Act 78-87 of 6 January 1978, amended by Act 2004-801 of 6 August 2004 relative to data protection and freedom of information. Act 2004-575 of 21 June 2004 relative to privacy and protection in the digital economy. Act 2018-493 of 20 June 2018 relative to the protection of personal data.
ARTICLE 4 – INTELLECTUAL PROPERTY RIGHTS
The Website and any software used in relation to the Website may contain confidential data protected under existing legislation relative to intellectual property and to other laws. Consequently, unless otherwise specified, the intellectual property rights pertaining to the documents contained on the website and all data created for the Website are the exclusive property of the Publisher, it being understood that the Publisher confers to the User no license or any other rights other than the right to visit the Website. In particular, all trademarks, brands and other intellectual property rights mentioned on the Website are the property of the Publisher.
Documents published on the Website may be reproduced solely for personal and private use. The reproduction and the use of any copies made for other purposes are strictly prohibited.
Regarding software, all copying, modifying, creating of derivative works, reversing software design or assembly – or any attempt, by any means whatsoever, to find the source code (except in the cases provided for by the law), or to sell, grant, sub-license, modify or transfer software property rights, are prohibited.
Modifying the software or using a modified version of the software are also prohibited, in particular but not exclusively for the purposes of accessing the Website via an interface other than that specified by the Publisher.
ARTICLE 5 – HYPERLINKS
The website www.fond-mobile-aqualift.com contains a certain number of links to other websites, included with the consent of Aqualift. Notwithstanding, Aqualift is not able to check the content of any website visited via these links, and will not therefore be held liable for damages arising therefrom.
Consequently, the Publisher will not be held liable for said websites or external sources, nor will it be held liable in relation to any content, advertisements, products, services or other media available on or via said websites or external sources.
Furthermore, the Publisher will not be held liable for any damage or loss, real or alleged, resulting from the use of or from having trusted the content, goods or services available on or via said websites or external sources.
ARTICLE 6 – PERSONAL DATA
The Publisher undertakes to protect the confidential nature of any personal information and data provided by the User. Provision via the Website of any personal information and data by the User implies agreement by the latter to the data protection policy set out below. The data protection policy applies to all personal data provided by the User using the Website.
6.1 What data is collected by the Publisher and who can access such data
The Publisher may collect, store and use the following types of personal data:
a) Data regarding the computer used by the User and his/her visits to the Website (including IP address, geographical location, type and version of browser used, operating system, reference source, duration of the visit, pages consulted and browsing on the Website);
b) Any data provided by the User to the Publisher using the contact form.
The recipients of any information collected by the Publisher are the controllers in the Publisher’s marketing, sales, customer relations management and prospecting departments, or in the administrative, logistics or IT departments, and their managers. Data Processor: Personal data collected via the Aqualift Website is processed exclusively by the Publisher.
Rights of data subjects: In accordance with Article 40 of French Act 2018-493 of 20 June 2018 relative to the protection of personal data (GDPR), any natural person that can prove their identity has the right to access, modify or delete their personal data.
To exercise this right and obtain access to the personal data collected, please contact us at: AQUALIFT, ZA de Mitry-Compans -13 rue Ernest Mercier – 77290 COMPANS – France or by email to: email@example.com
c) Storage of your personal data
We will store your personal data as long as required to provide the Service and fulfil all obligations that you have requested, or for other essential purposes such as complying with our legal requirements, maintaining commercial and financial records, resolving disputes, ensuring safety, detecting and preventing fraud and breaches of trust, and fulfilling the contract between us. When you access our products and services, we store your data in order to continue to communicate with you according to the terms of our personal data storage policy.
d) Location of data processing – sharing of personal data
Your personal data may be stored and processed in your region or in another country where our company, its subsidiaries or service providers operate servers. We take measures, including through contracts, to ensure that data continues to be protected wherever it is securely located.
e) Data security
We apply technical and organisational measures to seek to ensure an appropriate level of security for the risk involved in processing personal data. The purpose of these measures is to guarantee the integrity, confidentiality and accessibility of personal data.
f) Protecting the privacy of minors
We do not knowingly collect personal data from minors.
g) Your communication preferences
You can personalise and manage your preferences regarding communication and other configurations when you register with the related Service by updating your account preferences; by using the opt-out or unsubscribe function, where applicable; by any other means provided in the messages you receive; or by contacting us. We reserve the right to notify you of any changes or updates to the Service, where applicable.
h) Access to your data and updates
The Service may allow registered users to have direct access to and review their account information and make corrections or updates at any time by logging in. The user is responsible for updating such data. Registered users may also close their accounts directly through the Service or by contacting the Service’s customer service department, for example: (firstname.lastname@example.org).
You have rights that are guaranteed by privacy and data protection laws in Europe and certain other countries, and you can benefit from them free of charge to:
- access your personal data;
- modify or delete your personal data;
- limit or object to our processing of your personal data;
- obtain a copy of your personal data (right to data portability).
The recipients of any data collected by the Publisher are the heads of the marketing, sales, customer relations management, prospecting, administration, logistics and IT departments, and their managers.
Data Processor: Personal data collected via the Aqualift Website is processed exclusively by the Publisher.
Personal rights: In accordance with Article 40 of French Act 2018-493 of 20 June 2018 relative to the protection of personal data or GDPR, any natural person that can prove their identity has the right to access, modify or delete their personal data.
We will respond to your request in accordance with the laws currently in force. To protect your privacy and security, we may verify your identity.
A cookie is a text file which, depending on the options selected by the User, is sent and temporarily saved by a web server to a dedicated space on the hard drive of the device used by the User (hereinafter referred to as a “Cookie”). Cookies are used by their senders to identify the browser used on the User’s device for such time that the Cookie remains valid. Only the sender of a Cookie can read and modify the data contained in the Cookie.
When a User visits the Website, the Publisher may, depending on the options selected by the User in the settings of the browser used when visiting the Website, may install different Cookies on their terminal (computer, smartphone, tablet, etc.).
6.2.1 Cookies sent by the Publisher
Cookies sent by the Publisher are used solely for the purposes described below:
– to analyse browsing behaviour on the Website (pages and content visited), to enable the Publisher to improve the content and ergonomic design of its services;
– to remember data in the case where the User has filled in the contact form on the Website.
6.2.2 Cookies for audience measurement sent by Google
Use of the Website is analysed using Google Analytics. Google Analytics generates statistics and other data regarding use of the Website using Cookies stored on the User’s device. The data generated is used to draw up reports on Website use. Google stores this data.
6.2.3 Cookie management by the User
Users can choose how they manage cookies using the option settings in their browser. They can block cookies from being stored on their device using the option settings in their browser. Depending on the browser used, the options may be configured in different ways:
Microsoft Internet Explorer :
If you decide not to accept cookies, you may not be able to access certain functions of the Website.
6.3 Data security
The Publisher undertakes to implement appropriate measures to protect and secure the User’s personal data and privacy, and to prevent any unauthorised third party from distorting, damaging, destroying or accessing said data and privacy.
Personal data provided by the User is stored on the Web Host’s secure servers.
Notwithstanding, sharing personal data over the Internet is not systematically secure, and the Publisher cannot completely guarantee the security of any personal data shared. The Publisher therefore asks Users to be aware of the potential risks involved in their use of the Website and its functioning.
ARTICLE 7 – PUBLISHER’S LIABILITY
The Publisher takes all reasonable care to ensure that the information published on the Website is accurate and up-to-date, but reserves the right to modify content at any time and without notice. The Publisher makes no warranty or guarantee as to the accuracy or completeness of the content on the Website, including in relation to hyperlinks and any other electronic links directly or indirectly available via the Website. It is the User’s responsibility to check the accuracy of the information by other means, including by contacting the Publisher directly.
Consequently, the Publisher will not be held liable as a result of:
– any inaccuracies or omissions regarding the Website content;
– any impossibility to access the Website;
– any bug;
– any error relative to the content available on the Website;
– any damage incurred in the event of fraudulent intrusion by a third party resulting in modifications to the Website content;
– any prejudice or damage resulting in unauthorised or illegal changes to the Website content;
– more generally, any direct or indirect prejudice or damage, and this notwithstanding the cause, origin, nature or consequences, resulting from accessing or being unable to access the Website and/or use of the information directly or indirectly available on the Website.
ARTICLE 8 – MODIFICATIONS TO THESE TERMS AND CONDITIONS
The Publisher reserves the right to modify these Terms and Conditions, at any time and without notice, to adapt them to any changes to the Website and/or its operation. The Publisher will make every effort to inform Users of any such changes by means of a special message on the Website.
ARTICLE 9 – APPLICABLE LAW
This Website and these Terms and Conditions are governed by French law regardless of the User’s location. In the event of dispute, and if all attempts to reach an out-of-court settlement have failed, the French courts shall have sole jurisdiction in the matter. The User also agrees that, in the event of dispute relating to use of the Website https://www.fond-mobile-aqualift.com/, the courts having sole jurisdiction shall be those in the judicial district in which the head office of AQUALIFT SARL is located.
If you have any questions regarding these Terms and Conditions, please write to us at: ZA de Mitry-Compans – 13 rue Ernest Mercier – 77290 COMPANS – FRANCE.