Legal notice
Definitions
Client: any professional or natural person with legal capacity within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site covered by these general terms and conditions.
Services: Ethan David makes available to Clients:
Content: All elements constituting the information present on the Site, in particular texts, images and videos.
Client information: Hereinafter referred to as "Information", corresponding to all personal data likely to be held by Ethan David for the management of your account, the management of the customer relationship and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: "Information which, in any form whatsoever, directly or indirectly, enables the identification of the natural persons to whom it applies" (article 4 of French Law No. 78-17 of 6 January 1978).
The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016/679).
1. Presentation of the website
Pursuant to article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website oreila.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Oreila, published by Ethan David – 60 rue François 1er, 75008 Paris, France – +33 7 68 76 39 09
SIRET number: 99506239500018
Publication manager: Ethan David – contact@oreila.com. The publication manager is a legal entity.
Webmaster: Ethan David – contact@oreila.com
Data Protection Officer: Ethan David – contact@oreila.com
Host: Shopify Inc. Address: 151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada. Phone: 1-888-746-7439
2. General terms of use of the site and of the services offered
The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.
Use of the website oreila.com implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the website oreila.com are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may, however, be decided by Ethan David, who will then endeavour to inform users in advance of the dates and times of the intervention. The website oreila.com is updated regularly by Ethan David. Likewise, the legal notice may be modified at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible in order to read it.
3. Description of the services provided
The purpose of the website oreila.com is to provide information on all of the company's activities. Ethan David endeavours to provide information on the website oreila.com that is as accurate as possible. However, he cannot be held responsible for omissions, inaccuracies or shortcomings in updating, whether caused by him or by third-party partners who provide him with this information.
All information on the website oreila.com is given for information purposes only and is subject to change. Furthermore, the information on the website oreila.com is not exhaustive. It is given subject to any changes made since it was published online.
4. Contractual limitations on technical data
The site uses JavaScript technology. The website cannot be held liable for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with an up-to-date latest-generation browser. The website oreila.com is hosted by a provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016/679).
The objective is to provide a service that ensures the best possible accessibility rate. The host ensures continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.
Ethan David and the host cannot be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment, in particular due to network congestion preventing access to the server.
5. Intellectual property and infringement
Ethan David holds the rights of use on all elements accessible on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by whatever means or process, is prohibited without the prior written authorisation of Ethan David.
Any unauthorised use of the site or any of the elements it contains will be considered as constituting infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitations of liability
Ethan David acts as publisher of the site. Ethan David is responsible for the quality and accuracy of the content he publishes.
Ethan David cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the website oreila.com, 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.
Ethan David cannot be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from the use of the website oreila.com. Interactive spaces (the possibility of asking questions in the contact area) are available to users. Ethan David reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Ethan David also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).
7. Management of personal data
The Client is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: No. 2016/679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the data controller is: Ethan David. Oreila is represented by Ethan David, its legal representative.
As controller of the data he collects, Ethan David undertakes to comply with the framework of the legal provisions in force. It is in particular the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, on the basis of the collection of their consent, with complete information on the processing of their personal data, and to maintain a register of processing activities that reflects reality. Whenever Ethan David processes Personal Data, Ethan David takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Ethan David processes them.
7.2 Purpose of the data collected
Ethan David may process all or part of the data:
- to enable browsing on the Site and the management and traceability of the services ordered by the user: connection and Site usage data, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
- to improve browsing on the Site: connection and usage data
- to conduct optional satisfaction surveys on oreila.com: email address
- to conduct communication campaigns (SMS, email): phone number, email address
Ethan David does not sell your personal data, which is therefore used only out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and objection
In accordance with the European regulations in force, Users of oreila.com have the following rights:
- right of access (article 15 GDPR) and rectification (article 16 GDPR), updating and completion of Users' data; right to block or erase Users' personal data (article 17 GDPR) when it is inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (article 13-2c GDPR)
- right to restriction of processing of Users' data (article 18 GDPR)
- right to object to the processing of Users' data (article 21 GDPR)
- right to portability of the data that Users have provided, when such data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
- right to define what happens to Users' data after their death and to choose to whom Ethan David should (or should not) communicate their data, to a third party they have previously designated
As soon as Ethan David becomes aware of the death of a User and in the absence of instructions from them, Ethan David undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how Ethan David uses their Personal Data, request that it be corrected, or object to its processing, the User may contact oreila.com in writing at the following address:
Ethan David
60 rue François 1er, 75008 Paris, France
In this case, the User must indicate the Personal Data they would like oreila.com to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on Ethan David by law, in particular regarding the retention or archiving of documents. Finally, Users of oreila.com 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
Ethan David undertakes not to process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as "not adequate" by the European Commission without first informing the client. However, Ethan David remains free to choose its technical and commercial processors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016/679).
Ethan David undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client's Information comes to the attention of Ethan David, he must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, Ethan David does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of Ethan David and by processors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective duties and for the purposes mentioned above, the main persons likely to have access to the data of Users of oreila.com are mainly our customer service agents.
8. Incident notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify the users concerned so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to fully inform our clients of all matters relating to the security of their account and to provide them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the website oreila.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only in the event of the acquisition of oreila.com and its rights could such information be transmitted to the potential acquirer, who would in turn be bound by the same obligation to retain and modify the data with respect to the user of the website oreila.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, oreila.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Ethan David takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks, "cookies" and internet tags
The website oreila.com contains a number of hyperlinks to other sites, set up with the authorisation of Ethan David. However, Ethan David is not able to verify the content of the sites thus visited and will consequently assume no liability in this respect.
Unless you decide to disable cookies, you accept that the site may use them. You may disable these cookies at any time, free of charge, using the deactivation options offered to you and set out below, bearing in mind that 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 information file sent to the User's browser and stored on the User's device (e.g. computer, smartphone) (hereinafter "Cookies"). This file contains 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 cannot in any way damage the User's device.
Ethan David may process information concerning the User's visit to the Site, such as the pages viewed and the searches carried out. This information enables Ethan David to improve the content of the Site and the User's browsing.
As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User can configure their browser to allow them to decide whether or not to accept them, so that Cookies are stored on the device or, on the contrary, rejected, either systematically or depending on their issuer. The User can also configure their browser so that acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie is likely to be stored on their device. Ethan David informs the User that, in this case, not all the features of their browser may be available.
If the User refuses the storage of Cookies on their device or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when Ethan David or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the Internet.
Where applicable, Ethan David declines all liability for the consequences relating to the degraded operation of the Site and of any services offered by oreila.com resulting from (i) the User's refusal of Cookies, or (ii) Ethan David's inability to store or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will explain how the User can change their Cookie preferences.
At any time, the User may choose to express and change their Cookie preferences. Ethan David may also use the services of external providers to help 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 on the oreila.com Site or in its mobile application, and if the User has accepted the placement of cookies by continuing to browse the oreila.com Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent to them by continuing to browse the oreila.com Website or mobile application. At any time, the User may nevertheless withdraw their consent to Ethan David placing this type of cookie.
9.2 Internet tags
Ethan David may occasionally use Internet tags (also called "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site and on the various pages of the Site.
This technology enables Ethan David 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 this Site.
The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site's activity for Ethan David, 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 website oreila.com is subject to French law. Except where the law does not permit it, exclusive jurisdiction is conferred on the competent courts of Paris.