1. PRESENTATION OF THE WEBSITE
By virtue of article 6 of law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website www.bateo.pro are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SAS DM2F – 31, ZA du Grand Champ F-01640 Jujurieux
Conception: Arborescence – 36 ter, rue de la Citadelle 01000 Bourg-en-Bresse
www.agence-arborescence.com
Publication manager: DM2F
Hosting: Gandi
2. GENERAL TERMS AND CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED
The use of the website www.bateo.pro implies full and complete acceptance of the general conditions of use described below. These conditions of use are likely to be modified or completed at any time, users of the website www.bateo.pro are therefore invited to consult them on a regular basis. This website is normally accessible to users at all times. An interruption for technical maintenance can however be decided by DM2F group, which will then endeavour to inform users in advance of the dates and times of the intervention. The www.bateo.pro website is regularly updated by Valérie Sabatier. In the same way, 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 read them.
3. DESCRIPTION OF SERVICES PROVIDED
The www.bateo.pro website aims to provide information about all the company’s activities. DM2F group strives to provide on the website www.bateo.pro information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the update, whether they are due to its own fault or to the third party partners who provide it with this information. All the information indicated on the website www.bateo.pro is given as an indication, and is likely to evolve. Furthermore, the information on the website www.bateo.pro is not exhaustive. They are given subject to modifications that have been made since they were put online.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The website uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the website. In addition, the user of the website undertakes to access the website using recent, virus-free equipment and with a latest-generation, up-to-date browser.
5. INTELLECTUAL PROPERTY AND COUNTERFEITS
DM2F group is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logo, icons, sounds, software. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, regardless of the means or process used, is prohibited, unless prior written permission of : DM2F group. Any unauthorised use of the website or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. LIMITATIONS OF LIABILITY
DM2F group cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the website www.bateo.pro, 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. DM2F group shall also not be liable for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the website www.bateo.pro. Interactive areas (possibility to ask questions in the contact area) are available to users. Benublanc reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where appropriate, DM2F group also reserves the right to question the civil and/or criminal liability of the user, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).
7. MANAGEMENT OF PERSONAL DATA
In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995. When using the website www.bateo.pro, the following may be collected: the URL of the links through which the user accessed the website www.bateo.pro, the user’s access provider, the user’s Internet Protocol (IP) address. In any case DM2F group only collects personal information about the user for the need of certain services offered by the website www.bateo.pro. The user provides this information with full knowledge of the facts, in particular when he enters it himself. It is then specified to the user of the website www.bateo.pro the obligation or not to provide this information. In accordance with the provisions of articles 38 and following of law 78-17 of 6 January 1978 relating to information technology, files and liberties, any user has the right to access, rectify and oppose personal data concerning him or her, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the reply should be sent. No personal information of the user of the website www.bateo.pro is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of DM2F group and its rights would allow the transmission of the said information to the possible purchaser who would in turn be held to the same obligation of conservation and modification of the data towards the user of the website www.bateo.pro. The website is not declared to the CNIL because it does not collect personal information. The databases are protected by the provisions of the Law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. HYPERTEXT LINKS AND COOKIES
The www.bateo.pro website contains a certain number of hypertext links to other websites, set up with the authorisation of DM2F group. However, DM2F group is not able to verify the content of the websites thus visited, and therefore assumes no responsibility for this fact. Browsing on the website www.bateo.pro is likely to cause the installation of cookie(s) on the user’s computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a website. The data obtained in this way is intended to facilitate subsequent navigation on the website, and is also intended to allow various measures of traffic. Refusal to install a cookie may result in the inability to access certain services. However, the user can configure his computer as follows to refuse the installation of cookies: Under Internet Explorer: tool tab (cog icon in the top right-hand corner) / internet options. Click Privacy and choose Block all cookies. Validate on Ok. Under Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: Use custom settings for history. Finally uncheck it to disable cookies. Under Safari: Click on the menu pictogram (symbolized by a cog) at the top right of the browser. Select Settings. Click Show Advanced Settings. In the “Privacy" section, click on Content Settings. In the “Cookies" section, you can block cookies. Under Chrome: Click on the menu pictogram (symbolized by three horizontal lines) in the upper right-hand corner of the browser. Select Settings. Click Show Advanced Settings. In the “Privacy" section, click on preferences. In the “Privacy" tab, you can block cookies.
9. APPLICABLE LAW AND JURISDICTION
Any dispute relating to the use of the website www.bateo.pro is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.
10. THE MAIN LAWS CONCERNED
Law no. 78-17 of 6 January 1978, notably modified by law no. 2004-801 of 6 August 2004 relating to information technology, files and liberties. Law No. 2004-575 of 21 June 2004 for confidence in the digital economy.
11. LEXICON
User: Internet user connecting, using the above-mentioned website.
Personal information: “information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies" (article 4 of law no. 78-17 of 6 January 1978).