legal notice

Definitions

 

Customer: any professional or capable natural person within the meaning of articles 1123 et
seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these
general terms and conditions.
Services: https://vibratec.fr/ provides customers with :
Content: All the elements making up the information on the Site, in particular text – images –
videos.
Customer information: Hereinafter referred to as “Information(s)” which correspond to all
personal data that may be held by https://vibratec.fr/ for the management of your account,
customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: “Information which enables, in any form whatsoever, directly or
indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-
17 of January 6, 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the
meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)

 

1. Website presentation.

In accordance with article 6 of French law no. 2004-575 of June 21, 2004 on confidence in the
digital economy, users of the https://vibratec.fr/ website are informed of the identity of the
various parties involved in its creation and follow-up:
Owner: SAS VIBRATEC Share capital 100000€ VAT number: FR52398873778 – 28
Chemin.du Petit Bois 69130 Écully
Responsible for publication: Vibratec – vibratec@vibratec.fr
The person responsible for publication is an individual or a legal entity.
Webmaster: Référence DMD – webmaster@groupe-reference.com
Host : ovh – 2 rue Kellermann 59100 Roubaix 1007
Data protection delegate : Vibratec – vibratec@vibratec.fr
The legal notices are taken from the template proposed by the free generator of legal notices
for a website

 

2. General conditions of use of the site and the services
offered.

The Site constitutes an intellectual work protected by the provisions of the French Intellectual
Property Code and applicable international regulations.
Subscribe to DeepL Pro to edit this document.
Visit www.DeepL.com/pro for more information.
The Customer may not in any way reuse, transfer or exploit for his own account all or part of
the elements or works on the Site.
Use of the https://vibratec.fr/ website implies full acceptance of the general conditions of use
described below. These conditions of use may be amended or supplemented at any time, and
users of the https://vibratec.fr/ website are therefore advised to consult them regularly.
This website is normally accessible to users at all times. However, https://vibratec.fr/ may
decide to interrupt the site for technical maintenance, in which case it will endeavor to inform
users of the dates and times of the intervention in advance.
The https://vibratec.fr/ website is regularly updated by https://vibratec.fr/. Similarly, the legal
notices may be modified at any time: they are nevertheless binding on the user, who is invited
to refer to them as often as possible in order to take cognizance of them.

 

3. Description of services provided.

The purpose of the https://vibratec.fr/ website is to provide information concerning all of the
company’s activities.
https://vibratec.fr/ strives to provide information on the https://vibratec.fr/ website that is as
accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies
or failure to update information, whether caused by the company itself or by third-party
partners supplying such information.
All information on the https://vibratec.fr/ website is provided for information purposes only,
and is subject to change. Furthermore, the information on the https://vibratec.fr/ website is not
exhaustive. It is subject to modifications having been made since it was put online.

 

4. Contractual limitations on technical data.

The site uses JavaScript technology.
The website cannot be held responsible for any material damage resulting from use of the site.
In addition, the user of the site undertakes to access the site using recent, virus-free equipment
and with a last-generation, updated browser
The https://vibratec.fr/
site is hosted by a service provider on the territory of the European Union in accordance with
the provisions of the General Data Protection Regulation (RGPD: n° 2016-679)
The aim is to provide a service that ensures the best possible level of accessibility. The host
ensures continuity of service 24 hours a day, every day of the year. However, it reserves the
right to interrupt the hosting service for the shortest possible time, in particular for
maintenance purposes, to improve its infrastructures, in the event of infrastructure failure, or
if the Services generate traffic deemed abnormal.
https://vibratec.fr/ and the host cannot be held responsible in the event of malfunction of the
Internet network, telephone lines or computer and telephony equipment, notably due to
network congestion preventing access to the server.

 

5. Intellectual property and counterfeiting.

https://vibratec.fr/ is the owner of the intellectual property rights and holds the usage rights to
all elements accessible on the website, including texts, images, graphics, logos, videos, icons
and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the
elements of the site, whatever the means or process used, is forbidden, except with the prior
written authorization of: https://vibratec.fr/.
Any unauthorized use of the site or of any of the elements it contains will be considered as
counterfeiting and will be prosecuted in accordance with the provisions of articles L.335-2 et
seq. of the French Intellectual Property Code.

 

6. Limitation of liability.

https://vibratec.fr/ acts as the site’s publisher. https://vibratec.fr/ is responsible for the quality
and accuracy of the Content it publishes.
https://vibratec.fr/ cannot be held responsible for any direct or indirect damage caused to the
user’s equipment when accessing the https://vibratec.fr/ website, and resulting either from the
use of equipment that does not meet the specifications indicated in point 4, or from the
appearance of a bug or incompatibility.
https://vibratec.fr/ cannot be held liable for any indirect damage (such as loss of business or
loss of opportunity) resulting from use of the https://vibratec.fr/ website.
Interactive areas (possibility of asking questions in the contact area) are available to users.
https://vibratec.fr/ reserves the right to delete, without prior notice, any content posted in this
area which contravenes French legislation, in particular data protection provisions. Where
applicable, https://vibratec.fr/ also reserves the right to hold the user civilly and/or criminally
liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic
nature, whatever the medium used (text, photographs, etc.).

 

7. Personal data management.

The Customer is informed of the regulations concerning marketing communication, the law of
June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06,
2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected in the context of the creation of the User’s personal account and
browsing on the Site, the person responsible for processing Personal Data is: VIBRATEC.
https://vibratec.fr/est represented by Vibratec, its legal representative.
As the party responsible for processing the data it collects, https://vibratec.fr/ undertakes to
comply with the legal provisions in force. In particular, it is the Customer’s responsibility to
establish the purposes of its data processing, to provide its prospects and customers, from the
time their consent is collected, with full information on the processing of their personal data,
and to maintain an accurate register of processing.
Whenever https://vibratec.fr/ processes Personal Data, https://vibratec.fr/ takes all reasonable
steps to ensure that the Personal Data is accurate and relevant to the purposes for which
https://vibratec.fr/ processes it.

7.2 Purpose of the data collected

https://vibratec.fr/ may process some or all of the following data:
 to enable browsing on the Site and the management and traceability of services
ordered by the user: Site connection and usage data, billing, order history, etc.
 to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for
browsing, IP address, password (hashed), etc.
 to improve browsing on the Site: connection and usage data
 to conduct optional satisfaction surveys on https://vibratec.fr/: email address
 for communication campaigns (sms, e-mail): telephone number, e-mail address
https://vibratec.fr/ does not sell your personal data, which is only used for statistical and
analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with current European regulations, users of https://vibratec.fr/ have the
following rights:
 right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating,
completeness of Users’ data right to block or delete Users’ personal data (Article 17
RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose
collection, use, communication or storage is prohibited
 right to withdraw consent at any time (article 13-2c RGPD)
 right to limit the processing of Users’ data (Article 18 RGPD).
 right to object to the processing of Users’ data (Article 21 RGPD).
 right to portability of data provided by Users, where such data is subject to automated
processing based on their consent or on a contract (Article 20 RGPD)
 the right to determine what happens to Users’ data after their death, and to choose to
whom https://vibratec.fr/ should communicate (or not) their data to a third party that
they have previously designated
As soon as https://vibratec.fr/ becomes aware of a User’s death, and in the absence of any
instructions from the User, https://vibratec.fr/ undertakes to destroy the User’s data, unless its
retention is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://vibratec.fr/ uses his/her Personal Data, ask to rectify
them or object to their processing, the User may contact https://vibratec.fr/ in writing at the
following address:
VIBRATEC – DPO, Vibratec
28 Chemin.du Petit Bois 69130 Écully.
In this case, the User must indicate the Personal Data he/she would like https://vibratec.fr/ to
correct, update or delete, identifying him/herself precisely with a copy of an identity
document (ID card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on
https://vibratec.fr/ by law, in particular as regards the retention or archiving of documents.
Finally, Users of https://vibratec.fr/ may lodge a complaint with the supervisory authorities, in
particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://vibratec.fr/ refrains from processing, hosting or transferring Information collected on
its Customers to a country located outside the European Union or recognized as “nonadequate” by the European Commission without informing the Customer in advance. For all
that, https://vibratec.fr/ remains free to choose its technical and commercial subcontractors on
condition that they present sufficient guarantees with regard to the requirements of the
General Data Protection Regulation (GDPR: no. 2016-679).
https://vibratec.fr/ undertakes to take all necessary precautions to preserve the security of the
Information, and in particular to ensure that it is not communicated to unauthorized persons.
However, if an incident affecting the integrity or confidentiality of the Customer’s
Information is brought to https://vibratec.fr/’s attention, the latter must inform the Customer as
soon as possible and inform him of the corrective measures taken. https://vibratec.fr/ does not
collect “sensitive data”.
The User’s Personal Data may be processed by https://vibratec.fr/ subsidiaries and
subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the
main people likely to have access to https://vibratec.fr/ user data are our customer service
agents.

 

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of
electronic storage is completely secure. We therefore cannot guarantee absolute security.
Should we become aware of a security breach, we will notify the users concerned so that they
can take appropriate action. Our incident notification procedures take account of our legal
obligations, whether at national or European level. We are committed to keeping our
customers fully informed of all matters relating to their account security, and to providing
them with all the information they need to help them meet their own regulatory reporting
obligations.
No personal information concerning the user of the https://vibratec.fr/ site is published
without the user’s knowledge, exchanged, transferred, assigned or sold on any medium
whatsoever to third parties. Only the assumption of the repurchase of https://vibratec.fr/ and
its rights would allow the transmission of the aforementioned information to the possible
purchaser who would be in turn held of the same obligation of conservation and modification
of the data with respect to the user of the https://vibratec.fr/ site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data,
https://vibratec.fr/ uses networks protected by standard devices such as firewalls,
pseudonymization, encryption and passwords.
When processing Personal Data, https://vibratec.fr/prend takes all reasonable steps to protect
it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

 

9. Hypertext links, cookies and internet tags

The https://vibratec.fr/ website contains a number of hyperlinks to other sites, set up with the
authorization of https://vibratec.fr/. However, https://vibratec.fr/ is not in a position to check
the content of sites visited in this way, and consequently accepts no liability in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You may
deactivate these cookies at any time, free of charge, using the deactivation options provided
below, although this may reduce or prevent access to all or part of the Services offered by the
site.

9.1. COOKIES

A “cookie” is a small data file sent to the User’s browser and stored on the User’s terminal
(e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as
the User’s domain name, the User’s Internet service provider, the User’s operating system, and
the date and time of access. Cookies are in no way likely to damage the User’s terminal.
https://vibratec.fr/ may process information concerning the User’s visit to the Site, such as the
pages consulted and searches performed. This information enables https://vibratec.fr/ to
improve the content of the Site and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Site, Users may
configure their browsers to allow them to decide whether or not to accept them, so that
Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or
depending on the sender. The User may also configure his or her browser software so that
acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to
be recorded in the User’s terminal. https://vibratec.fr/ informs the User that, in this case, not
all functions of his or her browser software may be available.
If the User refuses to accept cookies on his or her terminal or browser, or if the User deletes
cookies stored on his or her terminal or browser, the User is informed that his or her browsing
and experience on the Site may be limited. This may also be the case when https://vibratec.fr/
or one of its service providers cannot recognize, for technical compatibility purposes, the type
of browser used by the terminal, the language and display settings or the country from which
the terminal appears to be connected to the Internet.
Where applicable, https://vibratec.fr/ declines all responsibility for the consequences linked to
the degraded operation of the Site and any services offered by https://vibratec.fr/, resulting
from (i) the refusal of Cookies by the User (ii) the impossibility for https://vibratec.fr/ to
record or consult the Cookies necessary for their operation due to the User’s choice. To
manage Cookies and User choices, the configuration of each browser is different. It is
described in the browser’s help menu, which will indicate how the User can modify his or her
wishes with regard to Cookies.
At any time, the User may choose to express and modify his or her wishes with regard to
Cookies. https://vibratec.fr/ may also call on the services of external service providers to help
it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin
and Google Plus appearing on the https://vibratec.fr/ website or in its mobile application, and
if the User has accepted the deposit of cookies by continuing to navigate on the
https://vibratec.fr/ website or mobile application, Twitter, Facebook, Linkedin and Google
Plus may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by
continuing your browsing on the https://vibratec.fr/ website or mobile application. However,
the User may revoke his or her consent to https://vibratec.fr/ depositing this type of cookie at
any time.

Article 9.2. INTERNET TAGS

https://vibratec.fr/ may occasionally employ web beacons (also known as “tags”, action tags,
single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a
specialist web analytics partner who may be located (and therefore store the relevant
information, including the User’s IP address) in a foreign country.
These beacons are placed both in online advertisements enabling Internet users to access the
Site, and on its various pages.
This technology enables https://vibratec.fr/ to evaluate visitors’ responses to the Site and the
effectiveness of its actions (for example, the number of times a page is opened and the
information consulted), as well as the User’s use of the Site.
The external service provider may collect information on visitors to the Site and other Internet
sites using these tags, compile reports on Site activity for https://vibratec.fr/, and provide
other services relating to the use of the Site and the Internet.

 

10. Applicable law and jurisdiction.

Any dispute relating to the use of the https://vibratec.fr/ website is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is granted to the
competent courts of Lyon.