DEFINITIONS
Client: any professional or natural person capable in the sense of articles 1123 and following of the Civil Code, or legal person, who visits the Site, which is the subject of these general conditions. Services: Fonderie de Bretagne provides Clients with Content: All the elements constituting the information present on the Site, in particular texts – images – videos. Customer information: Hereinafter referred to as “Information (s)” which corresponds to all personal data that may be held by Fonderie de Bretagne for the management of your account, the management of customer relations and for analysis and statistical purposes. User: Internet user connecting to and using the above-mentioned site. Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of 6 January 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)
WEBSITE PRESENTATION
In accordance with article 6 of the law n° 2004-575 of 21 June 2004 on confidence in the digital economy, users of the Fonderie de Bretagne website are informed of the identity of the various parties involved in its creation and follow-up:
Owner: Fonderie de Bretagne
SAS with a capital of 2 978 800 euros
SIRET 515 275 048 R.C.S. LORIENT – APE 2451 Z
VAT NUMBER: FR 79 515 275 048
Head office: Z.I. de Kerpont, rue Daniel Trudaine, 56860 Caudan
Contact:
E-mail: info@fonderiedebretagne.com
Phone: +33 (0)1 76 88 27 47
Publication manager: Agence SMAC – contact@agence-smac.com
Webmaster: Agence SMAC – contact@agence-smac.com
Host: Infomaniak Network SA – Rue Eugène Marziano 25 – 1227 Les Acacias (GE)
Contact of the host : https://www.infomaniak.com/fr/chatbot
Data protection officer : Anne Le Teuff – anne.le-teuff@fonderiedebretagne.com
GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Client may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site. The use of the Fonderie de Bretagne site implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, and users of the Fonderie de Bretagne site are therefore invited to consult them regularly. This website is normally accessible to users at all times. However, Fonderie de Bretagne may decide to interrupt the site for technical maintenance purposes. In such a case, Fonderie de Bretagne will endeavour to inform users in advance of the dates and times of the intervention. The Fonderie de Bretagne website is regularly updated by Fonderie de Bretagne. 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 read them.
DESCRIPTION OF SERVICES PROVIDED
The purpose of the Fonderie de Bretagne website is to provide information about the company’s activities. Fonderie de Bretagne endeavours to provide information on the Fonderie de Bretagne website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or shortcomings in the updating of the information, whether these are its own fault or the fault of third party partners who provide the information. All information on the Fonderie de Bretagne website is given as an indication and is likely to change. Furthermore, the information on the Fonderie de Bretagne website is not exhaustive. It is given subject to modifications having been made since it was put on line.
CONTRACTUAL RESTRICTIONS ON TECHNICAL DATA
The website cannot be held responsible for material damage linked to the use of the site. Furthermore, the user of the site undertakes to access the site using recent equipment, free of viruses and with a last generation updated browser. The Fonderie de Bretagne site is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: No. 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, particularly for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the Services generate traffic deemed abnormal. Fonderie de Bretagne and the host may not be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
INTELLECTUAL PROPERTY AND COUNTERFEITS
Fonderie de Bretagne is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the 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 authorisation of : Fonderie de Bretagne. Any unauthorised 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 Intellectual Property Code.
LIMITATION OF LIABILITY
Fonderie de Bretagne acts as the publisher of the site. Fonderie de Bretagne is responsible for the quality and accuracy of the content it publishes. Fonderie de Bretagne cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the Fonderie de Bretagne website, 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 an incompatibility. Fonderie de Bretagne cannot be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the Fonderie de Bretagne website. Interactive areas (possibility of asking questions in the contact area) are available to users. Fonderie de Bretagne reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, Fonderie de Bretagne 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.).
MANAGEMENT OF PERSONAL INFORMATION
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
PERSONAL DATA COLLECTORS
For the Personal Data collected in the context of the creation of the User’s personal account and browsing on the Site, the person responsible for processing the Personal Data is: Fonderie de Bretagne. Fonderie de Bretagne is represented by Anne Le Teuff as the person responsible for processing the data it collects. Fonderie de Bretagne undertakes to respect the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and clients, once their consent has been collected, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever Fonderie de Bretagne processes Personal Data, Fonderie de Bretagne takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Fonderie de Bretagne processes them.
PURPOSE OF THE COLLECTED DATA
Fonderie de Bretagne may process all or part of the following data: to enable browsing on the Site and the management and traceability of services ordered by the user: connection and use data of the Site, invoicing, order history, etc. to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed) to improve browsing on the Site: connection and usage data to conduct optional satisfaction surveys on Fonderie de Bretagne: email address to conduct communication campaigns (sms, email): telephone number, email address. Fonderie de Bretagne does not sell your personal data, which is therefore only used for statistical and analysis purposes.
RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION
In accordance with current European regulations, Fonderie de Bretagne Users have the following rights right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users’ data right to block or erase Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, 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 the portability of data provided by Users, when this data is subject to automated processing based on their consent or on a contract (Article 20 RGPD) right to define the fate of Users’ data after their death and to choose to whom Fonderie de Bretagne shall communicate (or not) their data to a third party that they have previously designated. As soon as Fonderie de Bretagne becomes aware of the death of a User and in the absence of instructions from the User, Fonderie de Bretagne undertakes to destroy their data, unless it is necessary to keep it for evidentiary purposes or in order to comply with a legal obligation. If the User wishes to know how Fonderie de Bretagne uses their Personal Data, ask to rectify them or oppose their processing, the User may contact Fonderie de Bretagne in writing at the following address: anne.le-teuff@fonderiedebretagne.com. In this case, the User must indicate the Personal Data he/she would like Fonderie de Bretagne 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 Fonderie de Bretagne by law, particularly in terms of the conservation or archiving of documents. Finally, Users of Fonderie de Bretagne may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
NON-DISCLOSURE OF PERSONAL DATA
Fonderie de Bretagne shall not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as “non-adequate” by the European Commission without informing the client in advance. However, Fonderie de Bretagne 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). Fonderie de Bretagne undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Client’s Information is brought to the attention of Fonderie de Bretagne, the latter shall inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, Fonderie de Bretagne does not collect any “sensitive data”. The User’s Personal Data may be processed by Fonderie de Bretagne’s subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy. Within the limits of their respective attributions and for the purposes mentioned above, the main people likely to have access to Fonderie de Bretagne’s Users’ data are mainly our customer service agents.
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. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers 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 Fonderie de Bretagne site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the purchase of Fonderie de Bretagne 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 Fonderie de Bretagne site.
SECURITY
To ensure the security and confidentiality of Personal Data and Personal Health Data, Fonderie de Bretagne uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords. When processing Personal Data, Fonderie de Bretagne takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
HYPERTEXT LINKS, COOKIES AND INTERNET TAGS
The Fonderie de Bretagne website contains a certain number of hyperlinks to other sites, set up with the permission of Fonderie de Bretagne. However, Fonderie de Bretagne does not have the possibility to check the content of the sites visited, and will not assume any responsibility for this. Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time and free of charge using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
« COOKIES »
A “cookie” is a small information file sent to the User’s browser and stored within 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. Cookies are in no way likely to damage the User’s terminal. Fonderie de Bretagne is likely to process the User’s information concerning his/her visit to the Site, such as the pages consulted and the searches carried out. This information enables Fonderie de Bretagne to improve the content of the Site and the User’s browsing experience. Cookies facilitate navigation 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 recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his/her browser software so that the acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his/her terminal. Fonderie de Bretagne informs the User that, in this case, it is possible that not all of the functions of their browser software will be available. If the User refuses the recording of Cookies in his/her terminal or browser, or if the User deletes those recorded there, the User is informed that his/her navigation and experience on the Site may be limited. This may also be the case when Fonderie de Bretagne or one of its service providers cannot recognise, 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. Where applicable, Fonderie de Bretagne declines all responsibility for the consequences linked to the degraded functioning of the Site and any services offered by Fonderie de Bretagne, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Fonderie de Bretagne to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of 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/her wishes regarding Cookies. At any time, the User can choose to express and modify his/her wishes regarding Cookies. Fonderie de Bretagne may also call upon 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 Fonderie de Bretagne’s website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on Fonderie de Bretagne’s website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone). These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the Fonderie de Bretagne website or mobile application. At any time, the User may nevertheless revoke his/her consent to Fonderie de Bretagne depositing this type of cookie.
ARTICLE 9.2. INTERNET TAGS
Fonderie de Bretagne may occasionally employ web beacons (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User’s IP address) in a foreign country. These beacons are placed both in the online advertisements allowing Internet users to access the Site, and on the various pages of the Site. This technology allows Fonderie de Bretagne to evaluate the responses of visitors 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 use of this Site by the User. The external service provider may collect information on visitors to the Site and other websites thanks to these tags, compile reports on the activity of the Site for Fonderie de Bretagne, and provide other services relating to the use of the Site and the Internet.
APPLICABLE LAW AND JURISDICTION
Any dispute relating to the use of the Fonderie de Bretagne site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Lorient.