Legal notices

Definition

Customer: any professional or natural person having legal capacity as defined by 1123 et seq. of the French Civil Code, or legal entity, who visit the Website which is the subject of these general terms and conditions.
Services: https://www.mpdata.fr makes the following available to customers:
Content: All the elements making up the information on the Website, in particular text - images - video.
Customer information: Hereinafter referred to as “Information” that corresponds to all personal data that may be kept by https://www.mpdata.fr to manage your account, to manage the customer relationship and for analytical and statistical purposes.
User: An internet user who uses the above mentioned website.
Personal information: “Information, regardless of the format, that makes it possible to directly or indirectly identify the natural persons they concern” (article 4 of French 78-17 Act of 6 January 1978).  The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)

1. Website presentation

Under article 6 of the French n° 2004-575 Act of 21 June 2004 for trust in the digital economy, users of the https://www.mpdata.fr website are informed of the identity of the different participants in its development and monitoring:
Owner: SAS MP DATA Equity capital of 25,000€ – VAT number: 12578946 – 39 rue de la Saussière 92100 Boulogne-Billancourt
Director of publication: Failor Elfassi – failor.elfassi@mpdata.fr
The director of publication is a natural person or a legal entity.
Webmaster: Valentin Bourget – valentin.bourget@mpdata.fr
Data Protection Officer: Valentin Bourget – valentin.bourget@mpdata.fr

2. General terms and conditions for the use of the website and the proposed services.

The Website is an intellectual work protected by the French Intellectual Property Code and the applicable international regulations.  Customers cannot reuse, transfer or operate any or part of the Website’s elements or works in any way on their own behalf.
The use of the https://www.mpdata.fr website implies the full acceptance of the following general terms and conditions of use without reserves. These general terms and conditions of use may be updated or completed at all times, therefore users of the https://www.mpdata.fr website are invited to check them regularly.
Normally, this website is accessible to users at all times. Interruptions for technical maintenance may however be decided by https://www.mpdata.fr, which will strive to inform users of the dates and times of the interventions beforehand. The https://www.mpdata.fr website is regularly updated by https://www.mpdata.fr. Similarly, the legal notices may be updated at all times: they are nevertheless binding on users who are invited to read them as often as possible.

3. Description of the services provided.

The purpose of the https://www.mpdata.fr website is to provide information on all the company’s activities. https://www.mpdata.fr strives to provide information as accurate as possible on the https://www.mpdata.fr website. Nevertheless, it cannot be held liable for omissions, inaccuracies and deficiencies in updates, regardless of whether they originate from it or from the third party partners who supply such information.
All the information given on the https://www.mpdata.fr website is given as an indication only and is likely to change. Furthermore, the information featured on the https://www.mpdata.fr website is not exhaustive. It is subject to changes that may have been made since it was published online.

4. Contractual limitations on technical data.

The website uses JavaScript technology. The website cannot be held liable for material damage relating to the use of the website. Furthermore, website users undertake to access the website using recent hardware free of viruses and using a last generation updated web browser The https://www.mpdata.fr website is hosted by a service provider on the territory of the European Union in compliance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)
The objective is to provide a service that guarantees the best availability rate. The host guarantees the continuity of its service 24*7 every day of the year. It nevertheless reserves the right to interrupt the hosting service for periods as short as possible for the purposes of maintenance, the improvement of its infrastructures, the failure of its infrastructures or if the Services generate traffic that is considered abnormal.
https://www.mpdata.fr and the host cannot be held liable for malfunctions of the Internet network, the telephone lines or computer hardware and telephone equipment in particular relative to high network traffic prevent access to the server.

5. Intellectual property and infringements.

https://www.mpdata.fr is the owner of the intellectual property rights and holds the use rights for all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. All reproduction, representation, modification, publication or adaptation of all or part of the website, regardless of the means or process used, are prohibited unless authorised in writing beforehand by: https://www.mpdata.fr.
All unauthorised use of the website or of any of the elements it contains will be considered an infringement and will be prosecuted under the terms of articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitation of liability.

https://www.mpdata.fr acts as the website publisher. https://www.mpdata.fr is responsible for the quality and truthfulness of the Content it publishes.
https://www.mpdata.fr cannot be held liable for the direct and indirect damage caused to users’ equipment when accessing the https://www.mpdata.fr website and resulting either from the use of equipment incompatible with the specifications indicated in item 4, or from the apparition of a bug or an incompatibility.
https://www.mpdata.fr also cannot be held liable for indirect damage (such as, for example, loss of contract or loss of opportunity) resulting from the use of the https://www.mpdata.fr website. Interactive areas (possibility of asking questions in the contact area) are available to users. https://www.mpdata.fr reserves the right to delete all content placed in that area that breaches legislation applicable in France without notice, in particular the measures covering data privacy. Where applicable, https://www.mpdata.fr also reserves the right to engage users’ civil / criminal liability, especially for racist, insulting, libellous or pornographic messages, regardless of the medium used (text, photograph …).

7. Personal data management.

Customers are informed of the regulations covering marketing communication, the French 21 June 2014 Act for trust in the digital economy, the 06 August 2004 Data Privacy Act and the General Data Protection Regulation (GDPR: n° 2016-679).

7.1 Data Controllers

For Personal Data collected as part of the process to create a personal User account and website browsing, the Data Controller is: Valentin Bourget. https://www.mpdata.fr is represented by Grégoire Gaillac, its legal representative
As the controller of the data it collects, https://www.mpdata.fr undertakes to comply with applicable legislation. It is in particular its responsibility to define the purposes of its data processing, to provide its prospects and customers complete information on the processing of their personal data as from the collection of their consent, and to keep a processing register in line with reality. Every time https://www.mpdata.fr processes Personal Data, https://www.mpdata.fr takes all reasonable measures to guarantee the accuracy and relevance of the Personal Data with regard to the purpose for which https://www.mpdata.fr processes it.

7.2 Purpose of collected data

https://www.mpdata.fr may process all or part of the data:
•    to allow browsing on the Website and to manage the traceability of services ordered by users: connection data and Website use data, invoicing, order history, etc.
•    to prevent computer fraud (spamming, hacking, etc.): the computer hardware used for browsing, the IP address, the password (hashed)
•    to improve navigation on the Website: connection and use data
•    to carry out optional satisfaction surveys on https://www.mpdata.fr: email address
•    for the purposes of communication campaigns (text message, email): phone number, email address
•    For contact purposes in the context of an application for one or more job opportunities featured on the website (surname, first name, email address, phone number)
https://www.mpdata.fr does not market your personal data, which is therefore only used as needed or for statistical or analytical purposes.

7.3 Right to access, rectification and opposition

In compliance with applicable European regulations, the Users of https://www.mpdata.fr have the following rights:
•    a right of access (article 15 GDPR), of rectification (article 16 GDPR), update, completeness of User data, right to lock or erase User personal data (article 17 GDPR), when they are inaccurate, incomplete, equivocal, expired or of which the collection, use, communication or retention are prohibited.
•    the right to withdraw consent at all times (article 13-2c GDPR)
•    the right to limit User data processing (article 18 GDPR)
•    the right to oppose User data processing (article 21 GDPR)
•    the right to the portability of the data Users have provided, when such data is the subject of automated processing based on their consent or on a contract (article 20 GDPR)
•    the right to define the fate of User data after the death of the User and to indicate beforehand which third party https://www.mpdata.fr must forward (or not) their data to
As soon as https://www.mpdata.fr becomes aware of the death of a User, and in the absence of instructions given by the User, https://www.mpdata.fr undertakes to destroy their data unless their storage is required for the purposes of providing proof or to fulfil a legal obligation.
If the User wishes to know how https://www.mpdata.fr uses their Personal Data, to request its rectification or oppose its processing, they can contact https://www.mpdata.fr in writing at the following address:
MP DATA – Grégoire Gaillac
39 rue de la Saussière 92100 Boulogne-Billancourt
In that case, the User must indicate which Personal Data they want https://www.mpdata.fr to rectify, update or erase, and provide proof of their identity by means of a copy of an identity document (identity card or passport).
Requests to erase Personal Data will be subject to the obligations imposed on https://www.mpdata.fr by law, in particular concerning document retention or archiving. Finally, the Users of https://www.mpdata.fr can submit a complaint to the controlling authorities, namely the CNIL (French Data Privacy watchdog) (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://www.mpdata.fr undertakes to refrain from processing, hosting or transferring the information collected from its Customers to a country outside the European Union or recognised as “inadequate” by the European Commission without first informing the customer. Nevertheless, https://www.mpdata.fr remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees relative to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).
https://www.mpdata.fr undertakes to take all the necessary precautions to protect the security of Data and in particular, to prevent disclosure to unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Customer’s data were to become known to https://www.mpdata.fr, it must inform the Customer as quickly as possible and inform them of the corrective measures taken. Moreover https://www.mpdata.fr does not collect any “sensitive data”.
Users’ Personal Data can be processed by https://www.mpdata.fr subsidiaries and by subcontractors (service providers), exclusively for the purposes of this policy.
In the limits of their respective attributions and for the purposes indicated above, the main persons who may have access to https://www.mpdata.fr User data are our customer department employees.

8. Incident notification

Regardless of the efforts made, no transmission methods over the Internet and no electronic storage methods are completely secure. As a result, we cannot guarantee total security. If we become aware of a security breach, we warn the users concerned so that they can take the appropriate measures. Our notification procedures take into account our legal obligations, whether they be national or European. We undertake to fully inform our customers of all questions involving their account security and to provide them all the information required to fulfil their own regulatory obligations in terms of reporting.
No personal data of https://www.mpdata.fr website users is published without the knowledge of the user, or exchanged, transferred or sold to third parties on any medium. Only the hypothesis of the acquisition of https://www.mpdata.fr and its rights would allow the transmission of the said data to the possible acquirer who would in turn be subject to the same obligations covering the storage and modification of data regarding users of the https://www.mpdata.fr website.

9. Security

To provide the security and confidentiality of Personal Data and Personal Health Data, https://www.mpdata.fr uses networks protected by standard systems such as firewalls, pseudonymisation, encryption and password protection.
When Personal Data is processed, https://www.mpdata.frtakes all reasonable measures to protect it from any loss, unauthorised use, unauthorised access, disclosure, alteration or destruction.

10. Hypertext links, “cookies” and Internet tags

The https://www.mpdata.fr website contains a certain number of hypertext links that have been authorised by https://www.mpdata.fr. However, https://www.mpdata.fr is not able to check the contents of these sites if they are visited and declines all liability as a result.
You accept that the website uses cookies unless you decide to disable them. You can disable these cookies at all times free of charge using the disabling possibilities provided and reminded of below, knowing that this may reduce or prevent access to all or part of the Services proposed by the website.

10.1 “COOKIES”

A “cookie” is a small data file downloaded to the User’s browser and saved on the user’s terminal (e.g. computer, smartphone) (hereinafter referred to as “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 damage the User’s terminal in any way.
https://www.mpdata.fr may process the User information concerning their visit to the website, such as the pages that were viewed, the searches made. This information is used by https://www.mpdata.fr to improve the Website content and User browsing.
As Cookies facilitate browsing and/or the provision of the Services proposed by the Website, Users can configure their browser so that they can decide whether they want to accept how Cookies are stored on the terminal or not, or to reject them, either systematically, or depending on their issuer. Users can also configure their browser software so that the acceptance or rejection of Cookies are proposed each time a Cookie is likely to be saved on their terminal.  https://www.mpdata.fr informs Users that, in that case, some of the features of their browser may not all be available.
If Users refuse to save Cookies to their terminal or browser, or if Users delete those that are saved there, the Users are informed that their browsing and experience on the Website may be limited.  This may also be the case when https://www.mpdata.fr or one of its service providers is unable to recognise the browser type used by the terminal, the language and display parameters or the country from which the terminal seems to be connected to the Internet, for technical compatibility reasons.
When applicable, https://www.mpdata.fr declines all liability for the consequences relating to the downgraded Website operation as well as to the services eventually proposed by https://www.mpdata.fr, resulting (i) form the User’s rejection of Cookies (ii) from the impossibility for https://www.mpdata.fr to save or read the Cookies required for their operation due to the User’s choices. The configuration of every browser for Cookie management and User choices is different. It is described in the browser’s help menu which indicates how Users can change their Cookie selection choices.
Users can choose to express and change their Cookie choices at all times. https://www.mpdata.fr may call on the services of external service providers to help it collect and process the data described in this section.
Finally, by clicking the social media icons for Twitter, Facebook, Linkedin and Google Plus featured on the https://www.mpdata.fr Website or on its mobile app, and if the User has accepted to store cookies by continuing to browse the https://www.mpdata.fr Website or mobile app, Twitter, Facebook, Linkedin and Google Plus may also download cookies to your terminals (computer, tablet, cell phone).
These types of cookie are only downloaded to your terminal if you have given your consent by pursuing your browsing of the https://www.mpdata.fr Website or mobile app. Users can nevertheless withdraw their consent regarding the downloading of this type of cookie by https://www.mpdata.fr.

10.2. INTERNET TAGS

https://www.mpdata.fr may occasionally use Internet tags (also called action tags, one pixel GIF, transparent GIF, invisible GIF invisibles and one one GIF) and deploy them through a Web analysis specialist 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 advertising allowing Users to access the Website, and on the different website pages.
This technology allows https://www.mpdata.fr to assess visitors’ responses to the Website and the effectiveness of its actions (for example, the number of times a page is opened and the viewed information), as well as the use of this Website by the User.
The external service provider may possibly collect information of visitors to the Website and other websites using these tags, draw up reports on the Website activity for https://www.mpdata.fr, and provide other services relating to its use and the use of the Internet.

11. Governing law and jurisdiction.

All disputes relative to the use of the https://www.mpdata.fr website are governed by French law. Except for cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Nanterre.