Client: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions.
Services: https: //www.positive-initiatives.com 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 https://www.positive-initiatives.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 allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of 6 January 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)
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://www.positive-initiatives.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SAS POSITIVE INITIATIVES Share capital of 50 000€ VAT number: FR94899102792 - 1114 route des Aires 74570 Groisy
Responsible for publication: POSITIVE INITIATIVES SAS - firstname.lastname@example.org
The person responsible for publication is an individual or a legal entity.
Webmaster: Positive Initiatives - email@example.com
Host: ovh - 2 rue Kellermann 59100 Roubaix 1007
Data protection officer: POSITIVE INITIATIVES SAS - firstname.lastname@example.org
The legal notices are taken from the template proposed by the free legal notice generator for a website
2. 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 Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site.
Use of the https://www.positive-initiatives.com website implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and users of the https://www.positive-initiatives.com website are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, https://www.positive-initiatives.com may decide to interrupt the website for technical maintenance purposes. In such a case, https://www.positive-initiatives.com will endeavour to inform users of the dates and times of the intervention beforehand. The website https://www.positive-initiatives.com is regularly updated by https://www.positive-initiatives.com. 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 the services provided.
The purpose of the https://www.positive-initiatives.com website is to provide information about all of the company's activities. https://www.positive-initiatives.com strives to provide information on the https://www.positive-initiatives.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether these are its fault or the fault of third-party partners who provide this information.
All information on the https://www.positive-initiatives.com website is given for information purposes only and is subject to change. Furthermore, the information on the https://www.positive-initiatives.com website is not exhaustive. It is given subject to modifications having been made since it was put on line.
4. Contractual limitations on technical data.
The objective is to provide a service that ensures the best accessibility rate. 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 maintenance purposes, to improve its infrastructure, in the event of infrastructure failure or if the Services generate traffic deemed to be abnormal.
https://www.positive-initiatives.com and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://www.positive-initiatives.com 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 prohibited, except with the prior written permission of: https: //www.positive-initiatives.com.
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.
6. Limitations of liability.
https://www.positive-initiatives.com cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the https://www.positive-initiatives.com 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.
https://www.positive-initiatives.com cannot be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the https://www.positive-initiatives.com website. Interactive areas (possibility of asking questions in the contact area) are available to users. https://www.positive-initiatives.com 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. Where applicable, https://www.positive-initiatives.com 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 Client 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 and the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the User's personal account and their navigation on the Site, the person responsible for processing the Personal Data is: POSITIVE INITIATIVES. https://www.positive-initiatives.comestrepresented by Nathanael FRESNOIS, its legal representative
As the person responsible for processing the data it collects, https://www.positive-initiatives.com undertakes to comply with 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, from the time of collection of their consent, with full information on the processing of their personal data and to maintain a register of the processing in accordance with the reality. Whenever https://www.positive-initiatives.com processes Personal Data, https://www.positive-initiatives.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.positive-initiatives.com processes it.
7.2 Purpose of the data collected
https://www.positive-initiatives.com may process all or part of the 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 navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://www.positive-initiatives.com: email address
- to conduct communication campaigns (sms, email): telephone number, email address
https://www.positive-initiatives.com does not sell your personal data, which is therefore only used for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://www.positive-initiatives.com have the following rights:
- right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users' data right of blocking or deletion of 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 GDPR)
- right to restrict the processing of Users' data (Article 18 GDPR)
- right to object to the processing of Users' data (Article 21 GDPR)
- the 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 GDPR)
- the right to define the fate of Users' data after their death and to choose to whom https://www.positive-initiatives.com should communicate (or not) their data to a third party that they have previously designated
As soon as https://www.positive-initiatives.com becomes aware of the death of a User and in the absence of instructions from him/her, https://www.positive-initiatives.com undertakes to destroy his/her data, except if their retention is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://www.positive-initiatives.com uses his/her Personal Data, to ask to rectify them or to oppose their processing, the User may contact https://www.positive-initiatives.com in writing at the following address
POSITIVE INITIATIVES SAS
1114 route des Aires 74570 Groisy.
In this case, the User must indicate the Personal Data that he/she would like https://www.positive-initiatives.com 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 https://www.positive-initiatives.com by law, particularly with regard to the retention or archiving of documents. Finally, Users of https://www.positive-initiatives.com may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.positive-initiatives.com 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, https://www.positive-initiatives.com remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
https://www.positive-initiatives.com undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of https://www.positive-initiatives.com, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore, https://www.positive-initiatives.com does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of https://www.positive-initiatives.com 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 persons likely to have access to the data of the Users of https://www.positive-initiatives.com are mainly the agents of our customer service.
7.5 Types of data collected
For users of the https://www.positive-initiatives.com website, we collect the following data, which are essential for the operation of the service, and which will be kept for a maximum period of 24 months after the end of the contractual relationship:
Name of the company or association, registration number of the company or association, surname, first name, e-mail, telephone, address.
https://www.positive-initiatives.com also collects information to improve the user experience and to provide contextualised advice:
website, social networks, sector of activity, type of products and services offered
This data is kept for a maximum period of 24 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. 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 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 site https://www.positive-initiatives.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the repurchase of https://www.positive-initiatives.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 site https://www.positive-initiatives.com.
To ensure the security and confidentiality of Personal Data and Personal Health Information, https://www.positive-initiatives.com uses networks protected by standard features such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://www.positive-initiatives.comprendtakes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The https://www.positive-initiatives.com website contains a number of hyperlinks to other sites, set up with the authorisation of https://www.positive-initiatives.com. However, https://www.positive-initiatives.com does not have the possibility of checking the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
Unless you decide to deactivate the 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.
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 do not damage the User's terminal in any way.
https://www.positive-initiatives.com is likely to process the User's information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information enables https://www.positive-initiatives.com to improve the content of the Site and the User's navigation.
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 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 or her browser software so that the acceptance or rejection of Cookies is offered to him or her from time to time, before a Cookie is likely to be recorded in his or her terminal. https://www.positive-initiatives.com informs the User that, in this case, it is possible that not all of the functionalities of his or her browser software may be available.
If the User refuses the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Site may be limited. This could also be the case when https://www.positive-initiatives.com 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, https://www.positive-initiatives.com declines all responsibility for the consequences linked to the degraded functioning of the Site and any services offered by https://www.positive-initiatives.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://www.positive-initiatives.com 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 or her wishes regarding Cookies.
At any time, the User can choose to express and modify his or her wishes with regard to Cookies. https://www.positive-initiatives.com 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 https://www.positive-initiatives.com Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the https://www.positive-initiatives.com 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 only deposited on your terminals if you consent to them, by continuing your navigation on the Website or the mobile application of https://www.positive-initiatives.com. However, at any time, the User may revoke his or her consent to https://www.positive-initiatives.com depositing this type of cookie.
Article 9.2. INTERNET TAGS
https://www.positive-initiatives.com 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 tags are placed both in the online advertisements allowing users to access the Site and on the various pages of the Site.
This technology allows https://www.positive-initiatives.com 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 use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites through the use of these tags, compile reports on Site activity for https://www.positive-initiatives.com, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the https://www.positive-initiatives.com website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Annecy