Terms and conditions of use
The mere fact of browsing the website and/or using the aforementioned services of alioze via the website entails pure and simple acceptance of these general terms and conditions of use, which the user of the website expressly declares and acknowledges.
1. LEGAL NOTICE
The Website is published by the company :
Limited liability company with a capital of 20,000 Euros Registered with the RCS of Paris under the number 502 835 697 whose registered office is located at 15, rue Claude Terrasse 75016 – PARIS.
Individual VAT identification number: FR60502835697
(hereinafter referred to as ” ALIOZE “)
Director of Publication
Telephone: +33 (0) 1 83 62 21 84
Email address : firstname.lastname@example.org
Host of the website
The website is hosted by the company :
ALWAYSDATA, SARL with a capital of 5.000 € registered at the RCS of Paris under the number 492 893 490 whose head office is located at 62 rue Tiquetonne – 75002 Paris.
In these Terms and Conditions of Use, it is agreed that the following expressions or words, whether used in the singular or plural, shall have the following meaning:
- “Section” means any section of these TOU.
- “Personal Data Charter” : refers to the ALIOZE personal data charter established specifically for the needs of the Services provided by the Company and forming an integral part of the present GTC and attached as Appendix 1.
- “Contact form”: means the form accessible on the Website in which the User indicates his contact details (first name, surname, email, telephone) and enabling him to request a service from the Company (or one of its partners specialising in the digital industry).
- “Service” : means all the services provided by ALIOZE or by one of its partners specialized in the digital industry.
- “Services: designates the information services provided on the Internet Site, namely the contact service for information purposes between the User and ALIOZE (or one of its partners specialized in the digital industry) proposed by the Company via the Contact Form accessible on the Internet Site.
- “Internet Site” or “Site” : designates the Internet Site published by ALIOZE and accessible at https://www.alioze.com
- “Company” or “ALIOZE “: refers to the company alioze france, a limited liability company with a capital of 20,000 Euros, registered with the RCS of Paris under the number 492 893 490, publisher of the Internet Site.
- “User”: means any Client, any Participant and generally any person who uses the Website and the Services.
3. PURPOSE – VALIDATION – ACCEPTANCE
The present General Conditions of Use define the legal framework for the use of the Services proposed by ALIOZE on the Website and the conditions of the relationship between the Users and ALIOZE.
Browsing the Site is free and unrestricted.
The use and/or recourse to the Services offered by the Company to the User implies his unreserved acceptance of these GCU. The mere fact of using the Services implies pure and simple acceptance of these TOS.
It is specified, as necessary, that the User may save or print these GTUs, provided they are not modified.
The version of the GCU available online on the Site will prevail, if necessary, over any other version of the present, with the exception of changes that would have occurred after his use of the Services, in accordance with common law.
4. EFFECTIVE DATE – duration
The present GTC have been updated on 01/08/2020.
These GCU are applicable throughout the duration of the User’s browsing and access to the Website and for the duration of the User’s use of the Services.
The User is informed that the GTU may be updated at any time under the conditions of Article 13 hereof.
Subsequent changes to these Terms and Conditions will be binding on Users of the Website as of the date they are posted online.
5. SERVICES OFFERED ON THE SITE
5.1 The Website presents all the activities and Services provided in the digital domain by ALIOZE or its partners specialized in the digital industry, Services that can be the object of a request for information by the User via the Contact Form in the conditions of article 5.2 hereafter.
5.2 INFORMATION REQUEST AND EXPRESSION OF NEED
When the User wishes to contact ALIOZE, the User fills in the Contact Form with the following information:
- Reason for contact (required) ;
- Name (required) ;
- Telephone number (required) ;
- Email address (required) ;
- Message from the User to ALIOZE (required).
6. GENERAL USER BEHAVIOUR
It is recalled that the User, prior to his use of the Services, declares that he has full legal capacity, allowing him to commit himself under these GCU.
ALIOZE can in no way be held to verify the legal capacity of its Users.
Consequently, if a person without legal capacity were to use the Services on the Site, his or her legal guardians would assume full responsibility for such use.
The User acknowledges that the transmission of content via the Contact Form is done immediately and without the Company exercising any control or prior validation of the content sent.
Thus, as soon as the content is validated by the User, it will be automatically sent without the Company being required to exercise any control or moderation/validation prior to its sending.
In this respect, the User is solely responsible for checking the accuracy and legality of the content he or she sends.
The User undertakes not to disseminate via the Contact Form within the framework of its content any malicious, denigrating, deliberately misleading, illicit and/or contrary to good morals and respect for privacy and freedom of religion.
7. USERS’ RIGHTS REGARDING THEIR PERSONAL DATA
The User has the right to access, modify, rectify and delete data concerning him/her.
All these rights are detailed in the ALIOZE Personal Data Charter, annexed to the present GTC(Appendix 1).
8. LIMITS OF THE COMPANY’S LIABILITY
8.1 The Company’s liability towards the User may only be incurred in the event of non-performance of its commitments resulting from the GCU.
8.2 The Company shall not be held responsible for any content that the User sends via the Contact Form that violates the provisions of these TOU and the law applicable to them.
If the User transmits via the Contact Form any content in violation of the said provisions, the User shall be solely responsible for such violation to the full exclusion of the Company.
8.3 Similarly, the Company is not responsible for links on its Website to other websites that do not belong to it and that are not controlled by it, since it has no control over the content, personal data protection charters or practices of third-party sites.
The Company is not responsible for the availability of these sites and cannot control the content of these sites nor validate the advertising, products and other information disseminated on these Internet sites
8.4 The User is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have given him access to its Services.
9. TECHNICAL PROVISION
The Users declare that they accept the characteristics and limits of the Internet and in particular acknowledge :
- that they are aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
- that the communication by the Users of personal identification elements or in a general way of any information considered by the Users as confidential is made under their own responsibility;
- that it is up to the Users to take all necessary measures to ensure that the technical characteristics of their computer allow them to consult the information;
- that it is up to the Users to take all the appropriate measures in order to protect their own information and/or software from contamination by possible viruses circulating through the Website.
Therefore, ALIOZE cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, notably a break in service, an external intrusion or the presence of computer viruses. The Services are provided on an “as is” and “as available” basis.
ALIOZE does not guarantee an error-free supply, without punctual and secure interruption of the Services offered via the Website.
ALIOZE is not bound by any obligation of personalized assistance, especially technical.
ALIOZE declines any express or implicit guarantee, notably concerning the quality and compatibility of the Website for the use that the Users will make of it. ALIOZE does not guarantee any result or benefit in the use of the Service offered through the Website.
10. COMMUNICATION BETWEEN THE PARTIES – CORRESPONDENCE – EVIDENCE
In application of articles 1365 and following of the Civil Code and, if applicable, of article L. 110-3 of the Commercial Code, the parties declare that the information delivered by email and on the ALIOZE website are authentic between them as long as no contradictory written document, authenticated and signed, calling into question this computerized information, is produced.
Elements such as the moment of reception or transmission, as well as the quality of the data received will be considered as proof by priority as they appear on ALIOZE’s information systems, or as they are authenticated by ALIOZE’s computerized procedures, unless the User can provide written proof to the contrary.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 ALIOZE is the exclusive owner of the intellectual property rights on the Website, of the entirety of its computer content, software, and notably of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Website as well as its databases of which it is the producer.
All these intellectual creations are protected by copyright, trademark law, patent law, sui generis right of databases and image right, and this for the whole world.
ALIOZE is the owner of the domain name www.alioze.com.
These creations are the full and complete property of the Company.
11.2 However, ALIOZE grants to the Users a license allowing them to reproduce and display the contents of the Website, but only and strictly for their own personal use in the context of viewing the Website and/or using the Services.
However, this license excludes the right of Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and through the Website.
In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of this code, is authorised.
Any other use constitutes a counterfeit and is punishable under the Intellectual Property Act, except with prior authorization from ALIOZE.
As a reminder, it is strictly forbidden to place a hypertext link to the Website, using the technique known as “framing” or “deep-linking”.
Any form of total or partial copy, aspiration and reproduction of the database produced and exploited by ALIOZE on the Internet Site is formally forbidden without its prior written agreement.
11.3 The Website may contain hypertext links and/or hyperlinks to sites published and hosted by third party servers, especially concerning advertising banners, which are not managed by ALIOZE and over which no control can be exercised.
In this respect, ALIOZE declines all responsibility concerning the legal consequences linked to the access to these sites from the Website.
11.4 The software provided as part of the Service is made available as is and without guarantee of any kind from ALIOZE, notably as to the adequacy of the functionalities of said software to the needs and requirements of the User, the non-interruption or absence of errors, the correction of defects, anomalies, etc.
11.5 The User remains the exclusive owner of the personal information and personal data of the User that he/she provides on the Website and ALIOZE will not contest in any way this right of ownership.
12 UPDATE OF THE GGU
The new TOS will apply as of the date of publication on www.alioze.com
13 FORCE MAJEURE
13.1 Any event beyond the control of the Company and against which it could not reasonably guard constitutes a case of force majeure and suspends the obligations of the parties, such as, but not limited to: a strike or technical failure (edf, erdf, telecommunications operators, Internet access or hosting providers, Registrar, etc..), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which the Company depends and/or of the networks that would replace it, a pandemic or epidemic.
13.2 The Company shall not be held responsible, or considered to have failed in its obligations under these GCU, for any non-performance related to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as soon as possible after the cessation of the case of force majeure on the other hand
13.3 In the event of such an event, the parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
The provisions of the present Terms of Service express the entirety of the agreement between the User and ALIOZE. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of this agreement, as well as any other provision contained in the documents exchanged between the parties and relating to the subject matter of the GCU, except in the case of an amendment duly signed by the representatives of both parties.
If one or more provisions of these TOU are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other provisions of these TOU will retain all their force and scope.
If necessary, ALIOZE commits itself to delete and replace immediately the said clause by a legally valid clause.
In the event of any difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles and chapter shall be deemed not to be written.
The failure of either party to enforce any provision of these TOU, temporarily or permanently, shall not be deemed a waiver of that party’s rights. All correspondence, writings, e-mails, etc., are to be sent to and received from the company. The terms of these GTUs shall not be affected, except by an amendment duly signed by the parties or their representatives.
18. JURISDICTION – APPLICABLE LAW
Any difficulty arising from the interpretation and/or execution of the present contract will be submitted to the appreciation of the competent French jurisdictions, the only applicable laws being the French laws.
ALIOZE PERSONAL DATA POLICY
The purpose of this charter is to provide the user with complete information on the processing of his personal data by alioze.
The definitions given in article 2 of the general conditions of use are applicable to this personal data charter.
Concerned about the protection of the User’s privacy and the processing of their personal data, ALIOZE is committed, as the Data Controller, to respecting the provisions of Regulation (EU) n°2016/679 of 27 April 2016 (hereafter ” RGPD “) and the amended law n°78-17 of January 6, 1978 (known as the “Informatique et Libertés” law), by ensuring the best level of protection for its Users’ personal data.
The present Charter allows the User to benefit from a perfect transparency regarding the treatment of his personal data by ALIOZE.
1. TYPES OF PERSONAL DATA THAT MAY BE COLLECTED BY THE COMPANY
1.1 USER INFORMATION
1.1.1 When the User fills in the Contact Form, he/she provides the following information:
- Name (required) ;
- Telephone number (required) ;
- Email address (required).
The collection of this data is essential for the provision of the Services by the Company (or one of its partners specialising in the digital industry).
In the Contact Form, the User is informed whether or not the collection of his or her data is mandatory. If a mandatory data field is not provided, the Company will not be able to provide its Services.
The User is informed that all personal data that he/she provides and transmits to the Company via the Contact Form are likely to be processed for the purposes set out in this Charter.
1.1.2 Data relating to the User’s browsing on the Site are collected automatically, and only concern the origin of connections, the IP address, the browser version and the pages of the Site consulted. Under no circumstances will the Company collect the e-mail address without prior communication and authorization from its owner.
2. PURPOSES OF PROCESSING THE USER’S PERSONAL DATA
The Company may only use the User’s personal data if it has a valid legal basis and must ensure that it has one or more of the following legal bases:
- Performance of the contract ;
- The execution of a legal obligation (e.g. keeping invoices);
- The Company’s legitimate interest;
- When the User has given his consent.
The Company collects and records personal data from its Users in order to:
2.1 Provision of the Service by the Company or its partners specialising in the digital industry
The Company uses the User’s personal information for the purpose of providing the Services on the Site.
The personal data provided by the User is mandatory as it enables the Company to monitor the provision of the Services and any complaints from the User.
This data may also be transmitted to the Company’s technical service providers for the sole purpose of the proper execution of the Services, or the establishment of statistics.
This data may also be transmitted, if necessary, to the Company’s partners specialised in the digital industry who provide certain services on behalf of the Company or indirectly on behalf of the User. They thus allow the latter to answer the questions and needs of the User in a precise and complete manner in response to his requests expressed through the Contact Form.
In their absence, the Services cannot be properly provided.
2.2 Resolving and Improving Services :
ALIOZE may use the User’s personal information to provide functionalities, analyze performances, correct errors and improve the accessibility as well as the efficiency of the Services made available.
2.3 Make recommendations for Services and customization of the User’s options:
ALIOZE may use the User’s personal information to recommend features and services that may be of interest to the User. This data also allows ALIOZE to identify the User’s preferences and to personalize their experience with the services offered by the Site.
2.4 Comply with the law :
ALIOZE may be obliged to keep the personal data of the Users of its Website in order to meet legal or regulatory requirements.
2.5 Use for commercial solicitation :
Users’ personal data may be used by the Company and, if necessary, by its partners specialising in the digital industry to send newsletters, personalised offers, information and advertising concerning its activity and services.
The User is informed that the Company may transmit and/or market to its partners specialised in the digital industry the personal data collected solely to respond to a request made through the Contact Form. Any other solicitation is prohibited without the express prior consent of the User.
2.6 A specific purpose :
ALIOZE may require the consent of the User for the processing of his personal information for a specific purpose that will be indicated to him. Where the User has given consent for this specific purpose, he or she has the right to withdraw that consent at any time. ALIOZE commits itself to cease all data processing of this User for this purpose.
3. DISCLOSURE OF PERSONAL DATA CONCERNING THE USER
The personal data collected are only processed by ALIOZE, except in the following cases:
3.1 If the recipients of the data are the police authorities in the context of judicial requests concerning the fight against fraud.
3.2 If the recipients of this data are the Company’s partners specialised in the digital industry in the context of the provision of the Services in order to provide the User with accurate and complete information in response to his/her requests.
3.3 This data may also be transmitted to third parties in the context of :
- The fight against fraud and the recovery of unpaid bills ;
- Carrying out technical maintenance and development of the Website, internal applications and the Company’s information system;
- The collection of customer reviews ;
- The dispatch of the newsletter.
3.4 ALIOZE may also share personal data, with the prior and express authorization of the User, in the event of the sale, transfer or merger of ALIOZE or a part of it, or if ALIOZE acquires or merges with another company.
If such a transaction takes place, ALIOZE will make sure that the other party respects the legislation on data protection and takes over all the obligations provided for in the present TOS and Personal Data Charter.
4. USER RIGHTS
Pursuant to Articles 14 to 22 of Regulation 2016/679 of 27 April 2016, any natural person using the service has the right to exercise the following rights:
- a right to information: the obligation for the Company to make available to the User all the information that the latter has provided.
- a right of access: the right for the User to receive a copy of his personal data.
- a right of rectification: the right for the User to request the modification of his personal data which would be erroneous or incomplete.
- a right to erasure: the right for the User to request the deletion of his personal data, in certain situations.
- a right to limitation of processing: the fact that the Company cannot, beyond a certain time, continue to process and use the User’s personal data.
- a right to data portability: the right for the User to receive his/her personal data provided to the Company, in a structured, commonly used and machine-readable format and/or to transmit this data to a third party, in certain situations.
a right of opposition: the right for the User to oppose at any time, for reasons relating to his particular situation, to the processing of personal data concerning him, in particular the right to object at any time to the processing for marketing purposes: when the Company uses personal data for direct marketing purposes, the User.
Finally, when ALIOZE detects a violation of personal data likely to generate a high risk to the rights and liberties of the User, the User will be informed of this violation as soon as possible.
The User has the right to lodge a complaint with a supervisory authority if he/she considers that the processing of his/her personal data constitutes a violation of the applicable law.
These rights can be exercised with ALIOZE who collected the personal data by email at the following address : email@example.com
In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the applicant’s signature and specify the address to which the reply should be sent. A reply will then be sent to the User within two (2) months of receipt of the request.
5. TRANSFER OF USER DATA OUTSIDE THE EUROPEAN UNION
ALIOZE keeps the Personal Data of the Users in the European Union.
However, it is possible that the data collected by ALIOZE when the User uses the Site or the Services be transferred outside of the European Union to countries where the legislation applicable to the protection of personal data differs from that applicable in France.
In this case, ALIOZE implements the guarantees provided for by the applicable legislation on the protection of personal data in order to ensure an adequate level of protection of the transferred data (notably by standard contractual clauses (SCC) or internal company rules (BCR)).
6. HOW LONG IS USER DATA KEPT?
The Users are informed that the personal data they provide are kept by ALIOZE for the duration of the Service and the Service Provisions and limited to a period of one (1) year in case of non-performance of the Service Provisions by the Company.
For certain types of processing, the retention of data is subject to specific retention periods, in particular justified by the Company’s legal obligations.
For more information on the retention periods applied by ALIOZE, the User is authorized to contact the ALIOZE customer service at the following address : firstname.lastname@example.org
7.1 Internal measures of the Company
As the person in charge of processing, ALIOZE uses adapted and proportional security means on its Website to protect the information communicated by its Users and the personal data attached to it.
ALIOZE takes all the necessary precautions to preserve the security and confidentiality of the data and in particular, to prevent them from being deformed, damaged, or accessed by unauthorized third parties, thanks to the security of the computer system to prevent external access to the Users’ personal data.
During the elaboration, the conception, the selection and the use of its services, ALIOZE takes into account the right to the protection of personal data from their conception.
The data is stored in the infrastructures indicated in article 1 of the GCU.
7.2 Relations with subcontractors
When it has recourse to subcontractors likely to operate a processing of the User’s personal data, ALIOZE ensures that they present sufficient guarantees as to the respect of the rules linked to data protection, and at least the same guarantees as those of ALIOZE, by concluding a contract with the said subcontractors for this purpose.
When the User uses the ALIOZE Services, the latter automatically receives and records certain types of information such as the parameters of the Internet browser used.
Cookies” and other unique identifiers are used to obtain this information when the User’s browser or device accesses the Website.
8.1 What is a Cookie?
A cookie is a small text file saved by the browser on your computer, tablet or smartphone that allows user data to be stored in order to facilitate browsing and enable certain functions.
8.2 What are the reasons for using cookies, tags and tracers?
Cookies are used by ALIOZE in order to memorize the preferences of the User, to optimize and improve the use of the Website by the User by providing content that is more precisely adapted to his needs.
8.3 The Cookies that ALIOZE emits on the site allow :
- To identify the User when connecting to the Site;
- To determine the User’s Internet browser settings, such as the type of browser used and the plug-ins installed;
- To establish statistics and volumes of frequentation and use of the various elements composing our services (using audience measurement cookies);
- To adapt the presentation of the Website according to the terminal used;
- To adapt the presentation of the Website according to the affinities of each User;
Only the sender of a cookie can read or modify the information contained in it.
Some cookies are installed until the User’s browser is closed, others are kept for a longer period. Cookies are kept for a maximum of 12 (twelve) months.
8.4 Setting up the navigation software
The User may configure the browser software so that cookies are stored in his terminal or, on the contrary, that they are rejected, either systematically or according to their sender.
The User may also configure his browser software so that he is offered the option of accepting or refusing cookies from time to time, before a cookie is likely to be recorded in your terminal.
8.5 How to exercise this choice, depending on the browser used?
For the management of cookies, the configuration of each browser is different.
The “help” section of the toolbar of most browsers tells you how to refuse new cookies, how to get a message to indicate receipt, or how to disable all cookies.
The cookies issued by ALIOZE are used for the purposes described above, subject to the User’s choices, which result from the parameters of his navigation software used during his visit to the Site and his agreement by clicking on the “ok” button on the banner concerning cookies.
The User can choose at any time to express and modify his wishes regarding cookies, by the means described below.
For Internet Explorer™:
8.6 Behavioural cookies
ALIOZE does not collect or process any personal information about the User, as defined by the Ordinance n° 2011-1012 of August 24, 2011 on electronic communications.
Any implementation of a cookie on the Site by ALIOZE will be subject to the prior and express authorization of the User.
9. THE DATA PROTECTION OFFICER
ALIOZE does not fall within the criteria for the appointment of a Data Protection Officer, as provided for in Regulation (EU) No. 2016/169 of 27 April 2016.