Definitions
- Customer: 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.
- Benefits and Services: Haytech provides the 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 correspond to all personal data that may be held by Haytech for the management of your account, customer relationship management 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 the natural persons to whom it applies” (Article 4 of Law No. 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 (RGPD: n° 2016-679)
2. General conditions of use of the site
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 Haytech website implies the full acceptance of the general conditions of use described hereafter. These conditions of use are likely to be modified or completed at any time, the users of the Haytech site are thus invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may be decided by Haytech, which will endeavour to inform users of the dates and times of the intervention beforehand.
The Haytech website is regularly updated by Haytech responsible. In the same way, 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 in order to take note of them.
3. Description of the services provided
The purpose of the Haytech website is to provide information about all the company’s activities.
Haytech strives to provide as accurate information as possible on the Haytech website. However, he cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are due to him or due to third party partners who provide this information.
All the information indicated on the Haytech website is for information purposes only, and is subject to change. The information on the Haytech website is not exhaustive. They are subject to changes that have been made since they were posted online.
4. Contractual limitations on technical data
The site uses JavaScript technology.
The website cannot be held responsible for material damages related to the use of the site. Moreover, 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 Haytech website 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 : n° 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.
Haytech 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
Haytech 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 the process used, is prohibited, except prior written authorization of : Nadine Pesonen.
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
Haytech acts as the publisher of the site. Haytech is responsible for the quality and truthfulness of the Content it publishes.
Haytech cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the Haytech 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.
Haytech cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the Haytech website.
Interactive spaces (possibility to ask questions in the contact area) are at the disposal of the users. Haytech reserves the right to delete, without prior notice, any content deposited in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If need be, Haytech also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in case of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium 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 during the creation of the User’s personal account and his navigation on the Website, the person in charge of the processing of Personal Data is: Nadine Pesonen. Haytech is represented by Nadine Pesonen, its legal representative.
As the person responsible for the processing of the data it collects, Haytech undertakes to respect the framework of 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 the collection of their consent, with complete information on the processing of their personal data and to maintain a register of the processing in accordance with the reality.
Whenever Haytech processes Personal Data, Haytech takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which Haytech processes it.
7.2 Purpose of the data collected
Haytech is likely to process all or part of the data:
- to allow 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…): 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 Haytech: email address
- to carry out communication campaigns (sms, email): telephone number, email address
Haytech does not sell your personal data which are 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 Haytech 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 RGPD)
right to object to the processing of User data (Article 21 RGPD)
the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (article 20 RGPD)
the right to define the fate of Users’ data after their death and to choose to whom Haytech shall communicate (or not) their data to a third party that they have previously designated
As soon as Haytech becomes aware of the death of a User and in the absence of instructions from him, Haytech undertakes to destroy his data, except if their conservation is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how Haytech uses his Personal Data, to ask to rectify them or to object to their processing, the User may contact Haytech by e-mail or post at the following address
Astrid Faure – 12 Rue des Cosmonautes 31000 Toulouse
In this case, the User must indicate the Personal Data that he/she would like Haytech to correct, update or delete, identifying him/herself 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 Haytech by law, in particular with regard to the conservation or archiving of documents. Finally, Haytech’s 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
Haytech shall not 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 informing the client in advance. However, Haytech 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).
Haytech undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of Haytech, the latter shall inform the Client as soon as possible and communicate the corrective measures taken. Moreover, Haytech does not collect any “sensitive data”.
The User’s Personal Data may be processed by Haytech’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 persons likely to have access to the data of Haytech’s Users are mainly the agents of our customer service.
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 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 Haytech website is published without the user’s knowledge, exchanged, transferred, ceded or sold on any support to third parties. Only the hypothesis of the repurchase of Haytech and its rights would allow the transmission of the aforementioned information to the eventual purchaser who would be in turn held to the same obligation of conservation and modification of the data with respect to the user of the Haytech site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Information, Haytech uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, Haytechprends all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hyperlinks, cookies and tags
The Haytech website contains a number of hyperlinks to other sites, set up with the authorization of Haytech. However, Haytech does not have the possibility to check 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 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.
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 “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.
Haytech 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 allows Haytech to improve the content of the Site and the User’s navigation.
Since Cookies facilitate navigation and/or the provision of services offered by the Site, the User may configure his browser to allow him to decide whether or not he wishes 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 can also configure his browser so that the acceptance or rejection of Cookies is proposed punctually, before a Cookie is likely to be recorded in his terminal. Haytech informs the User that, in this case, it is possible that not all the functionalities of his navigation software will be available.
If the User refuses to accept 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 Haytech 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.
Where applicable, Haytech declines all responsibility for the consequences linked to the degraded functioning of the Site and of the services possibly offered by Haytech, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Haytech 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 regarding Cookies. Haytech 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 Haytech’s Website or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on Haytech’s 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 Website or the mobile application of Haytech. At any time, the User may nevertheless revoke his consent to Haytech depositing this type of cookies.
9.2. Tags
Haytech 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 that allow users to access the Site, and on the various pages of the Site.
This technology allows Haytech to measure visitors’ responses to the Site and the effectiveness of its actions (e.g., the number of times a page is opened and the information viewed), as well as the User’s use of this Site.
The external service provider may collect information about visitors to the Site and other websites through the use of these beacons, compile reports on Site activity for Haytech, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction
Any dispute in connection with the use of the Haytech website is subject to French law.