Client: Any professional or capable individual as defined by Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services and Offerings: https://kintsugiconsulting.fr/ provides Clients with:
Content: All elements that constitute the information present on the Site, including text, images, and videos.
Client Information: Hereinafter referred to as “Information(s),” which corresponds to all personal data that may be held by https://kintsugiconsulting.fr/ for managing your account, customer relations, and for analysis and statistical purposes.
User: Any Internet user connecting to and using the aforementioned site.
Personal Information: “Any information which allows, in any form whatsoever, directly or indirectly, the identification of the individuals 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 meanings 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 https://kintsugiconsulting.fr/ the identity of the various stakeholders involved in its implementation and monitoring:
Owner: SASU Kintsugi Consulting, with a share capital of €1,000, VAT Number: FR14919648303 – 32 rue de Pologne, 78100 Saint-Germain-en-Laye
Publication Manager: David Pronier – david.pronier@kintsugiconsulting.fr
The publication manager can be either a natural or legal person.
Webmaster: Claire Destruel – contactadnbyclaire@gmail.com
Host: OVH – 2 rue Kellermann, 59100 Roubaix, France
Data Protection Officer: David Pronier – david.pronier@kintsugiconsulting.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 Intellectual Property Code and applicable International Regulations. The Client may not, in any way, reuse, transfer, or exploit for their own account all or part of the elements or works of the Site.
Use of the website https://kintsugiconsulting.fr/ implies full and complete acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time; users of the site https://kintsugiconsulting.fr/ are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by https://kintsugiconsulting.fr/, who will then endeavor to communicate to users in advance the dates and times of the intervention. The website https://kintsugiconsulting.fr/ is updated regularly by https://kintsugiconsulting.fr/. Similarly, the legal notices can be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become acquainted with them.
3. Description of services provided.
The website https://kintsugiconsulting.fr/ aims to provide information concerning all the company’s activities.
https://kintsugiconsulting.fr/ strives to provide the most accurate information possible on the site https://kintsugiconsulting.fr/. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in the update, whether they are its fault or the fault of third parties providing this information.
All information indicated on the site https://kintsugiconsulting.fr/ is given for information purposes and is subject to change. Furthermore, the information on the site https://kintsugiconsulting.fr/ is not exhaustive. It is given subject to modifications that have 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 material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent hardware that does not contain any viruses and with an up-to-date latest-generation browser. The site https://kintsugiconsulting.fr/ is hosted by a service provider in the European Union territory in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The objective is to provide a service that ensures the highest 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 durations, mainly for maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.
https://kintsugiconsulting.fr/ and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephony equipment related, particularly to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://kintsugiconsulting.fr/ owns the intellectual property rights and holds the usage rights on 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, regardless of the means or process used, is prohibited without prior written authorization from: https://kintsugiconsulting.fr/.
Any unauthorized use of the site or any of the elements it contains will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
https://kintsugiconsulting.fr/ acts as the publisher of the site. https://kintsugiconsulting.fr/ is responsible for the quality and accuracy of the Content it publishes.
https://kintsugiconsulting.fr/ cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website https://kintsugiconsulting.fr/, resulting either from the use of equipment not meeting the specifications indicated in point 4 or from the appearance of a bug or incompatibility.
https://kintsugiconsulting.fr/ cannot also be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://kintsugiconsulting.fr/. Interactive spaces (possibility of asking questions in the contact area) are available to users. https://kintsugiconsulting.fr/ reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable law in France, in particular, the provisions relating to data protection. Where applicable, https://kintsugiconsulting.fr/ also reserves the right to challenge the user’s civil and/or criminal liability, particularly in the case of racist, offensive, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).
7. Management of personal data.
The Client 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 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Responsibility for collecting personal data
For the Personal Data collected as part of the creation of the User’s personal account and browsing the Site, the data controller is: Kintsugi Consulting. https://kintsugiconsulting.fr/ is represented by David Pronier, its legal representative.
As the data controller it collects, https://kintsugiconsulting.fr/ undertakes to comply with the legal provisions in force. It is up to the Client, in particular, to establish the purposes of its data processing, to provide its prospects and clients, based on the collection of their consents, with full information on processing their data, and to maintain a register of processing operations consistent with reality. Each time https://kintsugiconsulting.fr/ processes Personal Data, https://kintsugiconsulting.fr/ takes all reasonable measures to ensure the accuracy and relevance of Personal Data concerning the purposes for which https://kintsugiconsulting.fr/ processes them.
7.2 Purpose of the data collected
https://kintsugiconsulting.fr/ may process all or part of the data:
- To enable navigation 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, etc.): computer equipment used for browsing, IP address, password (hashed)
- To improve navigation on the Site: connection and usage data
- To conduct optional satisfaction surveys on https://kintsugiconsulting.fr/: email address
- To carry out communication campaigns (SMS, email): phone number, email address
https://kintsugiconsulting.fr/ does not sell your personal data, which is only used out of necessity or for statistical and analysis purposes.
7.3 Right of Access, Rectification, and Objection
In accordance with current European regulations, users of https://kintsugiconsulting.fr/ have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users’ data, right to block or delete Users’ personal data (Article 17 GDPR) when they are inaccurate, incomplete, ambiguous, outdated, or if their 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 data portability for the data that Users have provided, where this data is subject to automated processing based on their consent or a contract (Article 20 GDPR).
- Right to define the fate of Users’ data after their death and to choose to whom https://kintsugiconsulting.fr/ should communicate (or not) their data to a third party that they have previously designated.
As soon as https://kintsugiconsulting.fr/ becomes aware of the death of a User and in the absence of instructions from them, https://kintsugiconsulting.fr/ undertakes to destroy their data unless its retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://kintsugiconsulting.fr/ uses their Personal Data, request to rectify it, or oppose its processing, the User can contact https://kintsugiconsulting.fr/ in writing at the following address:
Kintsugi Consulting – DPO, David Pronier
32 rue de Pologne, 78100 Saint-Germain-en-Laye, France.
In this case, the User must indicate the Personal Data that they wish https://kintsugiconsulting.fr/ to correct, update, or delete, by identifying themselves 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 https://kintsugiconsulting.fr/ by law, particularly regarding the retention or archiving of documents. Finally, Users of https://kintsugiconsulting.fr/ can file a complaint with the supervisory authorities, notably the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-Disclosure of Personal Data
https://kintsugiconsulting.fr/ undertakes not to process, host, or transfer the Information collected on its Clients to a country located outside the European Union or recognized as “non-adequate” by the European Commission without prior notification to the client. However, https://kintsugiconsulting.fr/ remains free to choose its technical and commercial subcontractors, provided that they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://kintsugiconsulting.fr/ is committed to taking all necessary precautions to ensure the security of the Information and, in particular, to prevent it from being communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://kintsugiconsulting.fr/, it shall promptly inform the Client and communicate the corrective measures taken. Furthermore, https://kintsugiconsulting.fr/does not collect any “sensitive data.”
The User’s Personal Data may be processed by subsidiaries of https://kintsugiconsulting.fr/ and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes recalled above, the main people likely to have access to Users’ data from https://kintsugiconsulting.fr/ are primarily the agents of our customer service.
8. Incident Notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot, therefore, guarantee absolute security. If we become aware of a security breach, we will notify the affected users so they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether they are national or European. We are committed to fully informing our clients of any security issues regarding their account and providing them with all the necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://kintsugiconsulting.fr/ is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the hypothesis of the acquisition of https://kintsugiconsulting.fr/ and its rights would allow the transmission of the said information to the prospective purchaser, who would, in turn, be held to the same obligation of data retention and modification with respect to the user of the site https://kintsugiconsulting.fr/.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://kintsugiconsulting.fr/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and password protection.
When processing Personal Data, https://kintsugiconsulting.fr/ takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext Links, “Cookies,” and Internet Tags
The site https://kintsugiconsulting.fr/ contains a number of hypertext links to other sites, set up with the authorization of https://kintsugiconsulting.fr/. However, https://kintsugiconsulting.fr/ does not have the possibility to check the content of the sites thus visited, and will not assume any responsibility as a result.
Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time and for free from the deactivation options offered to you below, knowing that 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 within the User’s terminal (e.g., computer, smartphone) (hereinafter referred to as “Cookies”). This file includes information such as the User’s domain name, the User’s Internet access provider, the User’s operating system, as well as the date and time of access. Cookies do not risk in any way damaging the User’s terminal.
https://kintsugiconsulting.fr/ may process the User’s information concerning their visit to the Site, such as pages viewed and searches carried out. This information allows https://kintsugiconsulting.fr/ to improve the content of the Site and the User’s navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site; the User can configure their browser to allow them to decide whether to accept them or not, so that Cookies are recorded in the terminal or, on the contrary, rejected, either systematically or depending on their issuer. The User can also configure their browser software so that acceptance or refusal of Cookies is proposed punctually before a Cookie is likely to be recorded in their terminal. https://kintsugiconsulting.fr/ informs the User that, in this case, it is possible that not all of their browser’s functionalities will be available.
If the User refuses to save Cookies in their terminal or browser, or if the User deletes those that are saved, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://kintsugiconsulting.fr/ 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 appears to be connected to the Internet.
If necessary, https://kintsugiconsulting.fr/ declines all responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by https://kintsugiconsulting.fr/, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://kintsugiconsulting.fr/ to save or consult the Cookies necessary for their functioning due to the choice of the User. For the management of Cookies and the User’s choices, 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 their preferences regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. https://kintsugiconsulting.fr/ may also use the services of external providers to help collect and process the information described in this section.
Finally, by clicking on the social network icons Twitter, Facebook, LinkedIn, and Google Plus appearing on the Site of https://kintsugiconsulting.fr/ or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Website or the mobile application of https://kintsugiconsulting.fr/, Twitter, Facebook, LinkedIn, and Google Plus can also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent by continuing your navigation on the Website or the mobile application of https://kintsugiconsulting.fr/. At any time, the User can nevertheless withdraw their consent to https://kintsugiconsulting.fr/ depositing this type of cookies.
Article 9.2. INTERNET TAGS
https://kintsugiconsulting.fr/ may occasionally use Internet tags (also known as “tags,” action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner who may be located in a foreign country (and therefore store the corresponding information, including the User’s IP address).
These tags are placed both in online advertisements that allow Internet users to access the Site and on various pages of the Site.
This technology enables https://kintsugiconsulting.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 viewed), as well as how the Site is used by the User.
The external service provider may collect information about visitors to the Site and other websites using these tags, create reports on the Site’s activity for https://kintsugiconsulting.fr/, and provide other services related to the use of the Site and the Internet.
10. Applicable Law and Jurisdiction
Any dispute related to the use of the site https://kintsugiconsulting.fr/ is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Versailles.