Legal information

Definitions

Customer: Any private individual or professional or natural person capable 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.

Benefits and Services: benoitochart.com provides customers 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 correspond to all personal data that may be held by benoitochart.com for the management of your account, the management of customer relations and for analysis and statistical purposes.

User: Internet user connecting, using the above-mentioned site.

Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies" (Article 4 of Law No. 78-17 of January 6, 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.

Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the website benoitochart.com the identity of various stakeholders in the context of its implementation and monitoring:

Owner: Benoît Ochart - 20 rue Lamblardie 75012 Paris

Person in charge of publication : Benoît Ochart - benoit.ochart@gmail.com

The person responsible for publication is a natural person or a legal entity.

Webmaster : Benoît Ochart - benoit.ochart@gmail.com

Hosted by Squarespace Ireland Ltd. Squarespace Ireland Ltd. is a company limited by shares under the laws of Ireland with registration number 527641 / VAT # IE 3041081M. Phone: +35319058597

Data Protection Officer : Benoît Ochart - benoit.ochart@gmail.com

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

The Site constitutes an intellectual work protected by the provisions of the 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 of the Site.

The use of the site benoitochart.com implies the full acceptance of the general conditions of use described below. These conditions of use are likely to be modified or completed at any time, the users of the benoitochart.com site are thus invited to consult them regularly.

This website is normally accessible at any time to users. However, benoitochart.com may decide to interrupt the site for technical maintenance purposes and will endeavour to inform users of the dates and times of the intervention beforehand. The benoitochart.com website is regularly updated by benoitochart.com. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to 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 benoitochart.com website is intended to provide information about all of the company's activities. benoitochart.com strives to provide information on the benoitochart.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are of its own making or of the making of third party partners who provide this information.

All the information indicated on the benoitochart.com site is given as an indication, and is likely to evolve. In addition, the information on the benoitochart.com site is not exhaustive. They are given subject to modifications having been brought since their setting on line.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a browser of the latest generation updated. The site benoitochart.com is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679)

The objective 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 maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal.

benoitochart.com and the host cannot be held responsible in case of malfunctioning of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

benoitochart.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Internet site, 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 the process used, is prohibited, except prior written authorization of: benoitochart.com.

Any unauthorized exploitation 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 and following of the Intellectual Property Code.

6. Limitations of liability.

benoitochart.com acts as the publisher of the site. benoitochart.com is responsible for the quality and truthfulness of the Content it publishes.

benoitochart.com cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the benoitochart.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.

benoitochart.com cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the benoitochart.com site. Interactive spaces (possibility of asking questions in the contact area) are available to users. benoitochart.com reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, benoitochart.com also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph?).

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 the Personal Data collected within the framework of the creation of the personal account of the User and his navigation on the Site, the person in charge of the treatment of the Personal Data is: Benoît Ochart. benoitochart.com is represented by Benoît Ochart, its legal representative

As the person responsible for the processing of the data it collects, benoitochart.com undertakes to respect 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 from the time of collection of their consent and to maintain a register of the processing in accordance with the reality. Whenever benoitochart.com processes Personal Data, benoitochart.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which benoitochart.com processes it.

7.2 Purpose of the data collected

benoitochart.com is likely to process all or part of the data:

● to enable navigation on the Site and the management and traceability of the 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 benoitochart.com: email address

● to conduct communication campaigns (sms, email): phone number, email address

benoitochart.com 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 the European regulations in force, the Users of benoitochart.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 limit the processing of Users' data (Article 18 GDPR).

● right to object to the processing of Users' data (Article 21 GDPR).

● right to the portability of the data that Users will have provided, when such data are subject to automated processing based on their consent or on a contract (Article 20 RGPD)

● right to define the fate of the data of the Users after their death and to choose to which benoitochart.com will have to communicate (or not) its data to a third party which they will have beforehand designated

As soon as benoitochart.com becomes aware of the death of a User and in the absence of instructions from him, benoitochart.com undertakes to destroy his data, except if their conservation proves necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how benoitochart.com uses his Personal Data, to ask to rectify them or to oppose their processing, the User can contact benoitochart.com in writing at the following address

Benoît Ochart - DPO, Benoît Ochart

20 rue Lamblardie 75012 Paris.

In this case, the User must indicate the Personal Data that he would like benoitochart.com to correct, update or delete, identifying himself precisely with a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on benoitochart.com by the law, in particular as regards the conservation or archiving of documents. Finally, benoitochart.com Users 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

benoitochart.com will not process, host or transfer the 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. However, benoitochart.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).

benoitochart.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that they are not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer's Information is brought to the attention of benoitochart.com, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. In addition benoitochart.com does not collect any "sensitive data".

The User's Personal Data may be processed by benoitochart.com'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 recalled above, the principal persons likely to have access to the data of the Users of benoitochart.com are mainly the agents of our customer service.

7.5 Types of Data Collected

Concerning the users of the benoitochart.com website, we collect the following data which are essential to the functioning of the service, and which will be kept for a maximum period of 0 months after the end of the contractual relationship:

The Site is exempt from declaration to the Commission Nationale Informatique et Libertés (CNIL) as it does not collect any user data.

benoitochart.com also collects information to improve the user experience and to provide contextualized advice:

The Site may use "cookies" techniques to process statistics and information on traffic, to facilitate navigation and to improve the service for the User's convenience. In accordance with European legislation, the Site has updated its privacy policy regarding cookies. The User is free to accept or refuse cookies from all websites by modifying the settings of his/her browser.

These data are kept for a maximum period of 0 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. Therefore, we 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 notification procedures take into account our legal obligations, whether at the 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 benoitochart.com site is published without the knowledge of the user, exchanged, transferred, yielded or sold on any support to third parties. Only the hypothesis of the repurchase of benoitochart.com and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the user of the benoitochart.com site.

9. Security

To ensure the security and confidentiality of Personal Data and Personal Health Information, benoitochart.com uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, benoitochart.com takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

10. Hypertext links, cookies and internet tags

The benoitochart.com site contains a certain number of hypertext links to other sites, set up with the authorization of benoitochart.com. However, benoitochart.com does not have the possibility of checking the contents of the sites thus visited, and consequently will not assume any responsibility of this fact.

Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, 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.

10.1. "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 do not damage the User's terminal in any way.

benoitochart.com is likely to process the information of the User concerning his visit to the Site, such as the pages consulted, the searches made. This information allows benoitochart.com to improve the content of the Site, the navigation of the User.

The Cookies facilitating the navigation and/or the supply of the services proposed by the Site, the User can configure his navigator so that it allows him to decide if he wishes 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 transmitter. The User can also configure his navigation software so that the acceptance or the refusal of the Cookies are proposed to him punctually, before a Cookie is likely to be recorded in his terminal. benoitochart.com informs the User that, in this case, it is possible that the functionalities of his navigation software are not all available.

If the User refuses the recording of Cookies in his terminal or his browser, or if the User deletes those which are recorded there, the User is informed that his navigation and his experience on the Site can be limited. This could also be the case when benoitochart.com or one of its service providers cannot 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 seems to be connected to the Internet.

If necessary, benoitochart.com declines all responsibility for the consequences linked to the degraded functioning of the Site and the services possibly proposed by benoitochart.com, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for benoitochart.com to record or consult the Cookies necessary for their functioning because of the choice of the User. For the management of the Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will allow the User to know how to modify his wishes regarding Cookies.

At any time, the User can choose to express and modify his wishes regarding Cookies. benoitochart.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 benoitochart.com Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the benoitochart.com Website or mobile application, Twitter, Facebook, Linkedin and Google Plus can 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 navigation on the benoitochart.com website or mobile application. At any time, the User may nevertheless revoke his consent to benoitochart.com depositing this type of cookie.

10.2. INTERNET TAGS

benoitochart.com may occasionally employ Internet tags (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 benoitochart.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 these tags, compile reports on Site activity for benoitochart.com, and provide other services related to the use of the Site and the Internet.

11. Applicable law and jurisdiction.

Any dispute in connection with the use of the benoitochart.com site is subject to French law. Except in cases where the law does not allow it, the competent courts of Paris have exclusive jurisdiction