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: A set of subscription or non-subscription services made available to customers by https://www.lenoir-mec.com.

Content: All the elements making up the information present on the Customer 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://www.lenoir-mec.com 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).

User: Internet user connecting to and using the above-mentioned site.

1. Site 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://www.lenoir-mec.com website are informed of the identity of the various parties involved in its creation and follow-up:

Owner: Raoul LENOIR sas – N° SIRET 38308006600020 – 63 Rue du Bearn, 54400 Cosnes-et-Romain
Creator: OCI
Publication manager: MARIE COSTA – marie.costa@raoul-lenoir.com
The publication manager is an individual or a legal entity.
Webmaster: MARIE COSTA –marie.costa@raoul-lenoir.com
Host: OCI – 2 rue André Marie Ampère, 67450 Mundolsheim France

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

Use of the https://www.lenoir-mec.com 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://www.lenoir-mec.com website are therefore advised to consult them regularly.

This site is normally accessible to users at all times. Raoul LENOIR sas may, however, decide to interrupt the site for technical maintenance purposes, and will endeavour to inform users of the dates and times of such interventions in advance.

The https://www.lenoir-mec.com website is regularly updated by MARIE COSTA. 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 take cognizance of them.

3. Description of services provided.

The purpose of the https://www.lenoir-mec.com website is to provide information about all the company’s activities.

Raoul LENOIR sas strives to provide the most accurate information possible on the https://www.lenoir-mec.com website. However, Raoul LENOIR sas cannot be held responsible for any omissions, inaccuracies or failure to update information, whether caused by Raoul LENOIR sas or by third-party partners supplying such information.

All information on the https://www.lenoir-mec.com website is given for guidance only, and is subject to change. Furthermore, the information provided on the https://www.lenoir-mec.com 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, users of the site undertake to access the site using recent, virus-free equipment, with the latest generation browser.

The https://www.lenoir-mec.com website is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679).

The aim is to provide a service that ensures the highest 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://www.lenoir-mec.com 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.

Raoul LENOIR sas is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds and software.

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 Raoul LENOIR sas.

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.

Raoul LENOIR sas cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the https://www.lenoir-mec.com site, 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.

Raoul LENOIR sas cannot be held responsible for indirect damage (such as loss of business or loss of opportunity) resulting from the use of the https://www.lenoir-mec.com website.

Interactive areas (possibility to ask questions in the contact area) are available to users. Raoul LENOIR sas reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular provisions relating to data protection. Where applicable, Raoul LENOIR sas 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.

In France, personal data is protected by law no. 78-87 of January 6, 1978, law no. 2004-801 of August 6, 2004, article L. 226-13 of the Criminal Code and the European Directive of October 24, 1995.

When using the https://www.lenoir-mec.com website, the following information may be collected: the URL of the links through which the user has accessed the https://www.lenoir-mec.com website , the user’s access provider, the user’s Internet protocol (IP) address.

In any event, Raoul LENOIR sas only collects personal information relating to the user for the purpose of certain services offered by the https://www.lenoir-mec.com website . Users supply this information with full knowledge of the facts, particularly when they enter it themselves. Users of the https://www.lenoir-mec.com site are informed whether or not they are required to supply this information.

In accordance with the provisions of Articles 38 et seq. of the French Data Protection Act 78-17 of January 6, 1978, all users have the right to access, rectify and object to any personal data concerning them, by sending a written and signed request, accompanied by a copy of the identity document bearing the signature of the holder of the document, and specifying the address to which the reply is to be sent.

No personal information concerning the user of the https://www.lenoir-mec.com website is published without the user’s knowledge, nor is it exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of Raoul LENOIR sas 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://www.lenoir-mec.com site .

The site is not registered with the CNIL as it does not collect personal information.

Databases are protected by the provisions of the law of July 1, 1998, transposing directive 96/9 of March 11, 1996, on the legal protection of databases.

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).

Personal data controller (DPO)

For Personal Data collected in the context of the creation of the User’s personal account and browsing on the Site, the company responsible for processing Personal Data is: MARIE COSTA. As the company responsible for processing the data it collects, MARIE COSTA undertakes to comply with the legal provisions in force. In particular, it is the company’s responsibility to establish the purposes of its data processing, to provide its prospects and customers with complete information on the processing of their personal data once their consent has been obtained, and to maintain an accurate data processing register.

Whenever Raoul LENOIR sas processes Personal Data, Raoul LENOIR sas takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Raoul LENOIR sas processes them.

Purpose of the data collected

Raoul LENOIR sas 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),
• to improve navigation on the Site: connection and usage data,
• to conduct optional satisfaction surveys on Raoul LENOIR sas: email address,
• for communication campaigns (sms, e-mail): telephone number, e-mail address.

Raoul LENOIR sas does not sell your personal data, which is only used for statistical and analysis purposes.

Right of access, rectification and opposition

In accordance with current European regulations, users of https://www.lenoir-mec.com 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 define the fate of Users’ data after their death and to choose to whom Raoul LENOIR sas should communicate (or not) their data to a third party that they have previously designated.

If the User wishes to know how Raoul LENOIR sas uses his/her Personal Data, wishes to request that they be rectified or objects to their processing, the User may contact Raoul LENOIR sas in writing at the following address:

• Raoul LENOIR sas – N° SIRET 38308006600020 – 63 Rue du Bearn, 54400 Cosnes-et-Romain
• or by e-mail/telephone to 63 Rue du Bearn, 54400 Cosnes-et-Romain

In this case, the User must indicate the Personal Data that he/she would like Raoul LENOIR sas to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport). Requests for the deletion of Personal Data will be subject to the obligations imposed on Raoul LENOIR sas by law, in particular as regards the retention or archiving of documents. Finally, users of https://www.lenoir-mec.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

Non-disclosure of personal data

Raoul LENOIR sas refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “non-adequate” by the European Commission without informing the Customer in advance. For all that, Raoul LENOIR sas 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 (RGPD: n° 2016-679).

Raoul LENOIR sas 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 the attention of Raoul LENOIR sas, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore, Raoul LENOIR sas does not collect any “sensitive data”.

The User’s Personal Data may be processed by Raoul LENOIR sas subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of the present policy. Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to https://www.lenoir-mec.com User data are mainly our customer service agents.

Types of data collected

For users of the https://www.lenoir-mec.com website, we collect the following data, which is essential for the operation of the service, and which will be kept for a maximum period of eighteen (18) months after the end of the contractual relationship:

• Contact details (title, surname, first name, address, telephone, date of birth, contact email, company name, contact language),
• Status (visitor, prospect, customer),
• Images, social network addresses (Facebook, twitter, Linkedin, …) and other content, including links to third-party services,
• Type of offer – rates – discount – payment status – contract status – acquisition channel, partner data,
• Site url, browser used, ID, use of third-party services, Raoul LENOIR sas also collects information that allows us to improve the user experience and offer contextualized advice:
  • Date of last visit, number of visits and publications on Raoul LENOIR sas,
  • Visited pages,
  • Emails and communications received,
  • Calculated segmentation data (number of free trials, number of publications, number of connections, last connection date),
  • Open in app messages and emails,
  • Cookies in particular to track traffic on your Site.

This data is kept for a maximum period of eighteen (18) months after the end of the contractual relationship.

8. Hyperlinks and cookies.

The https://www.lenoir-mec.com website contains a number of hypertext links to other sites, set up with the authorization of Raoul LENOIR sas. However, Raoul LENOIR sas is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.

Browsing the https://www.lenoir-mec.com website may result in the installation of cookie(s) on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent browsing of the site, and is also used to measure visitor numbers.

Refusal to install a cookie may make it impossible to access certain services. However, the user may configure his or her computer as follows, to refuse the installation of cookies:

Internet Explorer: Tools tab (cog-shaped icon at top right) / Internet options. Click on Confidentiality and choose Block all cookies. Confirm with Ok.

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.

On Safari: Click on the menu icon (symbolized by a cog) in the top right-hand corner of the browser. Select Settings. Click on 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 icon (symbolized by three horizontal lines) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on preferences. In the “Privacy” tab, you can block cookies.

9. 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 the security of their account, and to providing them with all the information necessary to help them meet their own regulatory reporting obligations. No personal information of the user of the https://www.lenoir-mec.com website is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the purchase of https://www.lenoir-mec.com and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data vis-à-vis the user of the https://www.lenoir-mec.com site .

To ensure the security and confidentiality of Personal Data, https://www.lenoir-mec.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords. When processing Personal Data, https://www.lenoir-mec.com takes all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.

10. Applicable law and jurisdiction.

Any dispute arising in connection with the use of the https://www.lenoir-mec.com website is subject to French law. Exclusive jurisdiction is granted to the competent courts of Paris.

11. The main laws concerned.

Act no. 78-87 of January 6, 1978, as amended by Act no. 2004-801 of August 6, 2004 on data processing, data files and individual liberties.

Law no. 2004-575 of June 21, 2004 on confidence in the digital economy.