LEGAL NOTICE

Definitions


Customer: any professional or natural person capable 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: www.activ-h.com provides Customers with the services described on this Site.


Content: All elements constituting the information present on the Site, in particular texts - images - videos.

Customer Information : Hereinafter referred to as "Information(s)" which correspond to all personal data that may be held by ACTIV-H for the management of your account, customer relationship management and for analysis and statistical purposes.


User: Internet user connecting to and using the aforementioned 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", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679).


1. Presentation of the website

Pursuant to Article 6 of French Law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the www.activ-h.com website are informed of the identity of the various parties involved in its creation and monitoring.


Owner: SAS ACTIV-H with share capital of €15,000, VAT number: FR43977574029 - 4 rue Michel Brunet - Bâtiment B28, 86000 POITIERS, FRANCE           


Publication manager: ACTIV-H - contact@activ-h.com


Webmaster : ACTIV-H – contact@activ-h.com


Host: 1&1 - 7 Place de la Gare 57200 Sarreguemines 0970 808 911


Data protection officer : ACTIV-H - contact@activ-h.com


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

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations.


The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.


Use of the site implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and site users are therefore advised to consult them regularly.


This website is normally accessible to users at all times. Interruptions due to technical maintenance may be decided by the editorial manager, who will endeavor to inform users in advance of the dates and times of the intervention.


The website is regularly updated by the editorial manager. Similarly, 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 note of them.


3. Description of services provided

The purpose of the www.activ-h.com website is to provide information concerning all of the company's activities.


ACTIV-H endeavors to provide information on the website that is as accurate as possible. However, ACTIV-H cannot be held responsible for any omissions, inaccuracies or failure to update such information, whether caused by ACTIV-H or by third-party partners supplying such information.


All information provided on the site is given for guidance only, and is subject to change. Furthermore, the information provided on the www.activ-h.comne website is not exhaustive. It is subject to modifications having been made since it was put on line.


4. Contractual limitations on technical data

The site uses JavaScript technology.


The website cannot be held responsible for any material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free equipment, and with an up-to-date browser.


The site is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679)


The aim is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of 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 period of time, in particular for the purposes of maintenance, infrastructure improvement, infrastructure failure or if the Services generate traffic deemed abnormal.


ACTIV-H and the host may not be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.


5. Intellectual property and counterfeiting

ACTIV-H is the owner of the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds.


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 ACTIV-H.


Any unauthorized use of the site or of 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 et seq. of the French Intellectual Property Code.


6. Limitation of liability.

ACTIV-H is responsible for the quality and accuracy of the content it publishes.


ACTIV-H shall not be liable for any direct or indirect damage caused to the user's equipment when accessing the website www.activ-h.com 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.


ACTIV-H cannot be held responsible for indirect damage (such as loss of business or loss of opportunity) resulting from use of the www.activ-h.com website.


Interactive areas (possibility of asking questions in the contact area) are available to users. ACTIV-H reserves the right to delete, without prior notice, any content posted in this area that contravenes French legislation, in particular provisions relating to data protection. Where applicable, ACTIV-H 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. Management of personal data

The Customer is informed of the regulations concerning marketing communications, 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).


7.1 Persons responsible for collecting Personal Data


For Personal Data collected as part of the creation of the User's personal account and browsing on the Website, the person responsible for processing Personal Data is: ACTIV-H. www.activ-h.com represented by ABADA Zahra, its legal representative


As the party responsible for processing the data it collects, www.activ-h.com undertakes to comply with the legal provisions in force. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality.


Whenever www.activ-h.com processes Personal Data, we take all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which ACTIV-H processes it.

               

7.2 Purpose of data collected     

The website 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, invoicing, order history, etc. 
  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password, etc.
  • to improve navigation on the Site: connection and usage data       
  • to conduct optional satisfaction surveys: e-mail address 
  • to carry out communication campaigns (sms, e-mail): telephone number, e-mail address.


ACTIV-H does not sell your personal data, which is only used for statistical and analysis purposes.

               

7.3 Right of access, rectification and opposition       

In accordance with current European regulations, Users of the www.activ-h.com website 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
  • the right to withdraw consent at any time (Article 13-2c RGPD)
  • the right to limit the processing of Users' data (Article 18 RGPD)
  • right to object to the processing of Users' data (Article 21 GDPR)
  • 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 ACTIV-H should communicate (or not) their data to a third party they have previously designated.


As soon as we become aware of the death of a User, and in the absence of instructions from the User, ACTIV-H undertakes to destroy the User's data, unless it is necessary to retain such data for evidential purposes or to comply with a legal obligation.

       

If the User wishes to find out how www.activ-h.com uses their Personal Data, ask for it to be rectified or object to it being processed, the User may contact us at the email address contact@activ-h.com or in writing to the following address: 


ACTIV-H - SAS

4 rue Michel Brunet - Bâtiment B28 

86000 POITIERS


In this case, the User must indicate the Personal Data he would like www.activ-h.com to correct, update or delete, identifying himself 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 www.activ-h.com by law, in particular as regards the retention or archiving of documents. Finally, Users www.activ-h.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

   

7.5. Non-disclosure of personal data

ACTIV-H refrains from processing, hosting or transferring Information collected on its Customers to a country outside the European Union or recognized as "non-adequate" by the European Commission without informing the Customer in advance. For all that, www.activ-h.com 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).


ACTIV-H undertakes to take all necessary precautions to preserve the security of the Information and in particular 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 ACTIV-H, the latter shall inform the Customer as soon as possible and inform the Customer of the corrective measures taken. Furthermore, ACTIV-H does not collect any "sensitive data" through its wwww.activ-h.com website.


The User's Personal Data may be processed by ACTIV-h subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.


Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to User data on www.activ-h.comsont are our customer service agents.

               

7.6. Types of data collected

We collect the following data concerning users of the website, which is essential to the operation of the service, and which will be kept for a maximum period of 9 months after the end of the contractual relationship: surname, first name, e-mail address, professional function. The collection of browsing data, in addition to information enabling us to improve the user experience and offer contextualized advice, is kept for a maximum period of 9 months after the end of the contractual relationship.


7.7. 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 www.activ-h.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 repurchase of www.activ-h.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 with respect to the user of the www.activ-h.com site.


8.0 Security   

To ensure the security and confidentiality of Personal Data and Personal Health Data, ACTIV-H uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords. 


 When processing Personal Data, www.activ-h.com takes all reasonable steps to protect them against loss, misuse, unauthorized access, disclosure, alteration or destruction.


9. Hyperlinks, cookies and Internet tags

The website contains a number of hypertext links to other sites, set up with the authorization of the structures and persons concerned. However, ACTIV-H is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.


Unless you decide to disable cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided below, although this may reduce or prevent access to all or part of the Services offered by the site.


9.1 "COOKIES

A "cookie" is a small information file sent to the User's browser and stored on the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes 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. Under no circumstances may cookies damage the User's terminal.


ACTIV-H may process information about the User's visit to the Site, such as pages viewed and searches carried out. This information enables ACTIV-H to improve the content of the Site and the User's browsing experience.


As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically, or depending on the sender. Users may also configure their browser software so that they are offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be stored on their terminal. ACTIV-H informs the User that, in this case, not all functions of the browser may be available.


If the User refuses to accept cookies on his or her terminal or browser, or if the User deletes cookies stored on his or her terminal or browser, the User is informed that his or her browsing and experience on the Site may be limited. This may also be the case where ACTIV-H or one of its service providers is unable to recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.


ACTIV-H shall not be liable for any consequences arising from the impaired operation of the Website and any services offered by ACTIV-H, resulting from (i) the User's refusal to accept Cookies (ii) the impossibility for ACTIV-H to save or consult the Cookies necessary for their operation due to the User's choice. To manage Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will show how the User can modify his or her wishes regarding Cookies.


The User may at any time choose to express and modify his or her wishes with regard to Cookies. ACTIV-H may also use the services of external service providers to help it collect and process the information described in this section.


Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the ACTIV-H website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Website or mobile application of www.activ-h.com, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).


These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on the Website or mobile application. However, you may withdraw your consent at any time.


9.2. INTERNET TAGS

ACTIV-H may occasionally employ Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a specialist web analytics partner who may be located (and therefore store the relevant information, including the User's IP address) in a foreign country.


These beacons are placed both in the online advertisements enabling Internet users to access the Site, and on the various pages of the Site. 


This technology enables ACTIV-H to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User's use of the Site. 


The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for ACTIV-H, and provide other services relating to the use of the Site and the Internet.


10. Applicable law and jurisdiction

All disputes arising in connection with the use of this site are subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Poitiers. All disputes arising in connection with the use of the site are subject to French law.