Vivaligne
60 Impasse Antoine de Saporta
Euromedecine II
34790 Grabels
France
Email: contact@vivaligne.com
Hosting Provider
Infomaniak
Publication Director
Alain Petit
Data Protection Officer
Alexandre Petit
Visual Identity and Web Design – Design & Development
Vivaligne – All rights reserved
1- Intellectual Property
The website’s visual identity and content are protected by the French Intellectual Property Code and applicable international regulations. Accordingly, any display, reproduction, modification or, more generally, use of this website’s visual identity or content without Vivaligne’s express prior authorisation is prohibited.
Any unauthorised use of these elements constitutes an infringement of copyright and/or rights in distinctive signs and may give rise to criminal and civil liability.
2- General Terms of Use of the Website and Services Provided
Use of the Vivaligne website implies full and unconditional acceptance of the terms of use set out below. These terms may be amended or supplemented at any time, and users of the Vivaligne website are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, Vivaligne may suspend access for technical maintenance and will endeavour to inform users in advance of the dates and times of such work.
The Vivaligne website is regularly updated by the Publication Director. Similarly, the legal notice may be amended at any time. It nevertheless remains binding on users, who are invited to consult it as frequently as possible to remain informed.
3- Limitation of Liability
The information on this website is as accurate as possible and the website is updated periodically. However, it may contain inaccuracies, omissions or gaps. If you notice an omission, an error or what appears to be a malfunction, please report it by email, describing the issue as precisely as possible (the affected page, the action that triggered the issue, the type of computer and browser used, etc.).
Any content downloaded is downloaded at the user’s own risk and under their sole responsibility. Consequently, Vivaligne cannot be held liable for any damage to the user’s computer or any loss of data resulting from a download.
Photographs are for illustrative purposes only and are not contractually binding.
Vivaligne cannot be held liable for hyperlinks on this website directing users to other resources available on the Internet.
4- Contractual Limitations Relating to Technical Matters
The aim is to provide a service ensuring the highest possible level of accessibility. The hosting provider maintains its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance, infrastructure improvements, infrastructure failures or where the services provided generate traffic deemed abnormal.
Vivaligne and the hosting provider cannot be held liable for malfunctions affecting the Internet, telephone lines, computer equipment or telecommunications equipment, particularly where network congestion prevents access to the server.
5- Personal Data Management
The Customer is informed of the regulations concerning marketing communications, the French 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).
As the controller of the data it collects, Vivaligne undertakes to comply with the applicable legal provisions. In particular, the Customer is responsible for establishing the purposes of its data processing, providing its prospects and customers, when collecting their consent, with comprehensive information about the processing of their personal data, and maintaining an accurate record of processing activities. Whenever Vivaligne processes Personal Data, it takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which it is processed.
5-1 Purposes of Data Collection
Vivaligne may process some or all of the following data:
- To enable browsing of the Website and the management and tracking of services ordered by the user: Website connection and usage data, billing information, order history, etc.
- To prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address and password.
- To improve browsing on the Website: connection and usage data.
- To conduct optional satisfaction surveys on Vivaligne.com.
- To carry out communication campaigns (SMS, email): telephone number and email address.
Vivaligne does not sell your personal data, which is used only where necessary or for statistical and analytical purposes.
5-2 Rights of Access, Rectification and Objection
Under the applicable European regulations, Vivaligne.com Users have the following rights:
- The right to access (Article 15 GDPR), rectify (Article 16 GDPR), update and complete their data, and the right to have their personal data blocked or erased (Article 17 GDPR) where it is inaccurate, incomplete, ambiguous or outdated, or where its collection, use, disclosure or retention is prohibited.
- The right to withdraw consent at any time (Article 13(2)(c) GDPR).
- The right to restrict the processing of their data (Article 18 GDPR).
- The right to object to the processing of their data (Article 21 GDPR).
- The right to portability of the data they have provided, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR).
- The right to give instructions concerning their data after their death and to decide whether Vivaligne should disclose their data to a third party they have previously designated.
As soon as Vivaligne becomes aware of a User’s death, and in the absence of instructions from that User, Vivaligne undertakes to destroy their data unless its retention is necessary for evidential purposes or to fulfil a legal obligation.
If the User wishes to know how Vivaligne uses their Personal Data, requests its rectification or objects to its processing, they must specify the Personal Data they would like Vivaligne to correct, update or delete, clearly identify themselves by providing a copy of an identity document (identity card or passport), and submit their request in writing to the following address:
Vivaligne
60 Impasse Antoine de Saporta
Euromedecine II
34790 Grabels
France
Requests for the deletion of Personal Data are subject to Vivaligne’s legal obligations, particularly those relating to document retention and archiving. Vivaligne Users may also lodge a complaint with a supervisory authority, particularly the CNIL, the French data protection authority.
5-3 Non-Disclosure of Personal Data
Vivaligne undertakes not to process, host or transfer Information collected about its Customers to a country outside the European Union or deemed not to provide an adequate level of protection by the European Commission without informing the Customer in advance. However, Vivaligne remains free to select its technical and commercial service providers, provided that they offer sufficient safeguards under the General Data Protection Regulation (GDPR: No. 2016/679).
Vivaligne undertakes to take all necessary precautions to safeguard the security of the Information, particularly to prevent its disclosure to unauthorised persons. However, if Vivaligne becomes aware of an incident affecting the integrity or confidentiality of Customer Information, it must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, Vivaligne does not collect any “sensitive data”.
5-4 Security
Despite all efforts made, no method of transmission over the Internet or electronic storage is completely secure. Consequently, we cannot guarantee absolute security.
To ensure the security and confidentiality of Personal Data, Vivaligne uses networks protected by standard safeguards such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Vivaligne takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
6- Hyperlinks
The Vivaligne website may provide links to other websites or resources available on the Internet.
Vivaligne has no means of controlling websites linked to its websites. Vivaligne is neither responsible for nor guarantees the availability of such external websites and resources. It cannot be held liable for any damage of any kind resulting from the content of these websites or external resources, particularly the information, products or services they offer, or from any use made of these elements. Users bear all risks associated with such use and must comply with the relevant terms of use.
Users, subscribers and visitors to Vivaligne websites may not create a hyperlink to this website without Vivaligne’s express prior authorisation.
Any user or visitor wishing to create a hyperlink to one of Vivaligne’s websites must send a request to the email address provided on the website. Vivaligne reserves the right to accept or refuse a hyperlink without having to justify its decision.
7- « Cookies »
A “cookie” is a small information file sent to the User’s browser and stored on the User’s device (e.g. computer or smartphone), hereinafter referred to as “Cookies”. This file contains information such as the User’s domain name, Internet service provider, operating system, and the date and time of access. Cookies cannot damage the User’s device. They may process information about the User’s visit to the Website, such as the pages viewed and searches performed. This information enables Vivaligne to improve the Website’s content and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Website, the User can configure their browser to decide whether to accept Cookies being stored on their device or to reject them, either systematically or depending on their source. The User can also configure their browser to prompt them to accept or reject Cookies individually before a Cookie is stored on their device. Vivaligne informs the User that, in this case, not all browser features may be available.
Where applicable, Vivaligne accepts no liability for any consequences arising from impaired operation of the Website and any services offered by Vivaligne resulting from the User’s refusal of Cookies or Vivaligne’s inability to store or access the Cookies necessary for their operation as a result of the User’s choices. Each browser has different settings for managing Cookies and User preferences. These are described in the browser’s help menu, which explains how the User can change their Cookie preferences.
If the User refuses to allow Cookies to be stored on their device or in their browser, or deletes Cookies already stored, they are informed that their browsing and experience on the Website may be limited. This may also occur if Vivaligne or one of its service providers cannot identify, for technical compatibility purposes, the type of browser used by the device, its language and display settings, or the country from which the device appears to be connected to the Internet.
8- Disputes
These terms are governed by French law. Any dispute arising from their interpretation or performance shall fall within the exclusive jurisdiction of the courts having jurisdiction over Vivaligne’s registered office. French shall be the reference language for the resolution of any disputes.
Definitions
Customer: any professional, natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity visiting the Website covered by these general terms.
User: any Internet user accessing or using the aforementioned website.
Personal Information: “Information that enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it relates” (Article 4 of French Law No. 78-17 of 6 January 1978). The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016/679).
Visual Identity: refers to the creative elements relating to the Website’s overall structure, including trademarks, logos and graphics.
Content: refers to domain names, photographs, animations, texts, case descriptions and descriptions of completed projects.
