Terms of use

Terms of use

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: www.diligence-consulting.fr provides customers with :

Content: All the elements making up the information on the 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 www.diligence-consulting.fr 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”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. Website 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 www.diligence-consulting.fr website are informed of the identity of the various parties involved in its creation and follow-up:

Owner: SASU Diligence Consulting Capital social de 4 000€ Numéro de TVA: FR15849526389 – 11 RUE DES TISSERANDS 77930 FLEURY EN BIÈRE. Organisme de formation” registered under number 11770702977. This registration does not imply state approval”.
Responsible for publication: Ouilibona – sa****************@******************ng.fr
The person responsible for publication is an individual or a legal entity.
Webmaster: My studio press – sa****************@******************ng.fr
Host: 1and1 – 7 Place de la Gare 57200 Sarreguemines 0970 808 911
Data Protection Officer: SANDRINE OUILIBONA – sa****************@******************ng.fr

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 www.diligence-consulting.fr 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 www.diligence-consulting.fr website are therefore advised to consult them regularly.

This website is normally accessible to users at all times. However, www.diligence-consulting.fr may decide to interrupt the site for technical maintenance, in which case users will be informed in advance of the dates and times of the intervention. The www.diligence-consulting.fr website is regularly updated by www.diligence-consulting.fr. 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 review them.

3. Description of services provided.

The purpose of the www.diligence-consulting.fr website is to provide information concerning all of the company’s activities. www.diligence-consulting.fr strives to provide information on the www.diligence-consulting.fr website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or shortcomings in updating, whether caused by itself or by third-party partners supplying the information.

All information on the www.diligence-consulting.fr website is provided for information purposes only, and is subject to change. Furthermore, the information on the www.diligence-consulting.fr 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 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 a last-generation updated browser The site www.diligence-consulting.fr is hosted by a provider on 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 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.

www.diligence-consulting.fr and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, particularly in the event of network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

www.diligence-consulting.fr is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, notably 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: www.diligence-consulting.fr.

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.

www.diligence-consulting.fr acts as site editor. www.diligence-consulting.fr is responsible for the quality and accuracy of the Content it publishes.

www.diligence-consulting.fr cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the www.diligence-consulting.fr website, 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.

www.diligence-consulting.fr cannot be held responsible for any indirect damage (such as loss of business or loss of opportunity) resulting from the use of the www.diligence-consulting.fr website. Interactive areas (possibility of asking questions in the contact area) are available to users. www.diligence-consulting.fr reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular provisions relating to data protection. Where applicable, www.diligence-consulting.fr 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.

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).

7.1 Persons responsible for the collection of personal data

For Personal Data collected during the creation of the User’s personal account and during browsing on the Site, the person responsible for processing Personal Data is: Diligence Consulting. www.diligence-consulting.fr is represented by SANDRINE OUILIBONA, its legal representative.

As the party responsible for processing the data it collects, www.diligence-consulting.fr 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 with complete information on the processing of their personal data, once their consent has been obtained, and to maintain an accurate register of processing. Whenever www.diligence-consulting.fr processes Personal Data, www.diligence-consulting.fr takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which www.diligence-consulting.fr processes it.

7.2 Purpose of the data collected

www.diligence-consulting.fr 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), etc.
  • to improve browsing on the Site: connection and usage data
  • to conduct satisfaction surveys on www.diligence-consulting.fr: email address
  • for communication campaigns (sms, e-mail): telephone number, e-mail address

www.diligence-consulting.fr 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, www.diligence-consulting.fr users have the following rights:

  • right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, 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, 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 what happens to Users’ data after their death, and to choose to whom www.diligence-consulting.fr should communicate (or not) their data to a third party that they have previously designated

As soon as www.diligence-consulting.fr becomes aware of a User’s death, and in the absence of any instructions from the User, www.diligence-consulting.fr undertakes to destroy the User’s data, unless its retention is necessary for evidential purposes or to comply with a legal obligation.

If the User wishes to know how www.diligence-consulting.fr uses his or her Personal Data, ask for them to be rectified or object to their processing, the User may contact www.diligence-consulting.fr in writing at the following address:

Diligence Consulting – DPO, SANDRINE OUILIBONA
11 RUE DES TISSERANDS 77930 FLEURY EN BIÈRE.

In this case, the User must indicate the Personal Data he/she would like www.diligence-consulting.fr to correct, update or delete, identifying him/herself precisely with a copy of an identity document (ID card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on www.diligence-consulting.fr by law, in particular as regards the retention or archiving of documents. Finally, Users of www.diligence-consulting.fr may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

www.diligence-consulting.fr refrains from processing, hosting or transferring 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, www.diligence-consulting.fr 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 (GDPR: no. 2016-679).

www.diligence-consulting.fr 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 www.diligence-consulting.fr is made aware of an incident affecting the integrity or confidentiality of the Customer’s Information, it must inform the Customer as soon as possible and inform him of the corrective measures taken. www.diligence-consulting.fr does not collect any “sensitive data”.

The User’s Personal Data may be processed by www.diligence-consulting.fr 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 mentioned above, the main people likely to have access to the data of www.diligence-consulting.fr users are mainly our customer service staff.

7.5 Types of data collected

For users of the www.diligence-consulting.fr 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 9 months after the end of the contractual relationship:
Surname, first name, e-mail address, telephone number.

www.diligence-consulting.fr also collects information to improve user experience and provide contextualized advice:
DC uses third-party web analytics services, such as Google Analytics, to help analyze how individuals use the DC website. To learn more about how Google may use information collected on the DC website, please visit the following link: https://policies.google.com/privacy/partners?hl=fr. For more information on how to opt-out of the collection of Data by Google Analytics, please visit the following link: https://tools.google.com/dlpage/gaoptout.

This data is kept for a maximum period of 9 months after the end of the contractual relationship.

8. 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 their account security, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.

No personal information about the user of the www.diligence-consulting.fr website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of www.diligence-consulting.fr 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 www.diligence-consulting.fr site.

Security

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

When processing Personal Data, www.diligence-consulting.fr takes all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links, cookies and internet tags

The www.diligence-consulting.fr site contains a number of hyperlinks to other sites, set up with the authorization of www.diligence-consulting.fr. However, www.diligence-consulting.fr 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 deactivate 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 data 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. Cookies are in no way likely to damage the User’s terminal.

www.diligence-consulting.fr may process information concerning the User’s visit to the Site, such as pages consulted and searches carried out. This information enables www.diligence-consulting.fr 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 according to their sender. The User may also configure his browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his terminal. www.diligence-consulting.fr informs the User that, in this case, the functionalities of his/her browser may not be fully 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 when www.diligence-consulting.fr 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.

Where applicable, www.diligence-consulting.fr declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by www.diligence-consulting.fr, resulting from (i) the User’s refusal to accept Cookies (ii) the impossibility for www.diligence-consulting.fr 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 indicate how the User can modify his or her wishes with regard to Cookies.

At any time, the User may choose to express and modify his or her wishes with regard to Cookies. www.diligence-consulting.fr 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 www.diligence-consulting.fr Website or in its mobile application, and if the User has accepted the deposit of cookies by continuing to navigate on the www.diligence-consulting.fr Website or mobile application, 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 www.diligence-consulting.fr website or mobile application. However, at any time, the User may revoke his or her consent to www.diligence-consulting.fr depositing this type of cookie.

Article 9.2. INTERNET TAGS

www.diligence-consulting.fr 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 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 online advertisements enabling Internet users to access the Site, and on its various pages.

This technology enables www.diligence-consulting.fr 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 on visitors to the Site and other Internet sites using these tags, compile reports on Site activity for www.diligence-consulting.fr, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute arising from the use of the www.diligence-consulting.fr website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of FLEURY EN BIÈRE.