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Legal information

Definitions

Client : any professional or natural person who is legally defined as being capable as set out in articles 1123 and following of the French Code civil, or any legal person who visits this Website to which these general conditions of use apply.

Services : www.crustac.fr offers its Clients:

Contents : All of the constituent elements and information featured on this website, most notably text, images and videos.

Client information : Hereinafter referred to as ‘Information’, this consists of all the personal data that www.crustac.fr may store for the purposes of managing your account, for client relationship management purposes and for analytical and statistical purposes.

User : Any internet user who visits the above-mentioned website.

‘Information which makes it possible, whether directly or indirectly, to identify the natural persons to whom that personal information pertains, regardless of what form this identification takes’ (article 4 of the law of 6th January 1978 – loi n° 78-17 du 6 janvier 1978).

The terms ‘personal data’, ‘data subject’, ‘processor’ and ‘sensitive data’ have the meanings as defined by the General Data Protection Regulation (GDPR: n° 2016-679)

Presentation of the internet site

Pursuant to article 6 of law n° 2004-575 of 21st June 2004 relating to the digital economy (loi n° 2004-575 du 21 juin 2004 pour la confiance dans l’économie numérique), the users of the www.crustac.fr website are informed that the identity of those responsible for creating and maintaining the website are as follows:

Website owner : SAS Crusta C with a capital stock of 4,660,000€ VAT number: FR91450351788 – ZI Buconis 32600 L’Isle Jourdain
Publisher : Crusta C – contact@crustac.fr
The publisher is a natural or moral person.
Webmaster : SPKTR – contact@spktr.fr
Hosting : ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer : Crusta C – contact@crustac.fr

General terms and conditions of use of this website and services offered

The Website is a work of authorship that is protected under the provisions of the French Intellectual Property Code (Code de la Propriété Intellectuelle) and all applicable international regulations. The Client may not re-use, transfer or appropriate for their own use any of the constituent elements of the Website.

The act of visiting the www.crustac.fr website constitutes acceptance in full of the general terms and conditions of use described below. These terms and conditions of use may be changed or added to at any time. As a result, it is suggested users of the www.crustac.fr website should read these conditions on a regular basis.

This website is usually accessible 24/7 to users. However, the website may be temporarily unavailable for maintenance purposes. www.crustac.fr will strive to provide users with advance warning of this by publishing the dates and times maintenance is to take place. www.crustac.fr is regularly updated by the person responsible for the www.crustac.fr website. Likewise, the legal information section may be changed at any time. It is suggested that users read these provisions frequently in order to familiarize themselves with their contents.

Description of services provided

The purpose of the www.crustac.fr website is to provide information about the company’s activities. www.crustac.fr strives to ensure that the information contained on the www.crustac.fr website is as accurate as possible. However, it may not be held liable for any omissions, inaccuracies or deficiencies arising from the process of updating the website, whether these are of its own doing or arise out of information provided by third party partners.

All information contained on the www.crustac.fr website is given for general informational purposes only and may be subject to change. Furthermore, the information featuring on the www.crustac.fr website is not exhaustive. It is subject to any changes that may have been made since it was put online.

Contractual limitations in relation to technical data

This website uses JavaScript. This website may not be held liable for any damage or loss arising out of the use of the website. Furthermore, the website user undertakes to access the website using relatively new software which is virus-free, with the help of an up-to-date version of a modern browser. The www.crustac.fr website is hosted in the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)

The main objective is to offer a service that experiences as little downtime as possible. The web host delivers uninterrupted service, 24/7, 365 days a year. However, it reserves the right to suspend the web hosting service it provides for as short a period as possible, primarily for the purposes of maintaining and improving its systems or in the event of systems failures or in the event that the website’s Services generate a level of traffic deemed to be abnormally high.

www.crustac.fr and its web host may not be held liable in the event of disruption to the Internet, telephone network or IT equipment and telephony which might amongst other things cause internet congestion and prevent access to the website.

Intellectual property and infringements

www.crustac.fr has ownership of the relevant intellectual property rights and holds a licence to use this website’s text, images, graphic design elements, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of this website, in whole or in part, regardless of the procedures or methods employed is forbidden in the absence of the prior written authorization of: www.crustac.fr.

Any unauthorized use of the website or of any of its constituent elements will be regarded as a violation of copyright and prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.

Limitation of liability

www.crustac.fr acting in its capacity as the publisher of the www.crustac.fr website, is responsible for the quality and accuracy of the Content that it publishes.

www.crustac.fr may not be held liable for direct or indirect loss or damages suffered by the user’s equipment upon accessing the www.crustac.fr website, as a result either of the use of equipment that does not meet the specifications indicated in point 4 (contractual limitations in relation to technical data), or of the occurrence of a bug or other incompatibility.

Likewise, www.crustac.fr may not be held liable for indirect damage or loss (such as loss of business or loss of opportunity) arising from the use of the www.crustac.fr website. Interactive spaces (where questions may be asked in the contact section) are available for users to use. www.crustac.fr reserves the right to remove, without prior notification, any content published in this space which contravenes French law, in particular, legislation relating to data protection. If needed, www.crustac.fr also reserves the right to file a civil and/or criminal complaint against any user, in particular, in the event of them having published racist, abusive, libellous or pornographic material, regardless of the format used (text, photograph etc).

Personal data management

The Client is informed of the regulations governing marketing communications contained in the law of 21st June 2014 relating to the digital economy (loi du 21 Juin 2014 pour la confiance dans l’Economie Numérique), the law of 6th August 2004 relating to data storage and data protection (Loi Informatique et Liberté du 06 Août 2004) and the General Data Protection Regulation (GDPR: n° 2016-679)

Data controllers

With reference to Personal Data collected during the process of the User setting up their personal account and of browsing the Website, the Data Controller is: Crusta C. www.crustac.fr is represented by Mr. Franck Nguyen, its legal representative.

In its capacity as data controller, www.crustac.fr undertakes to adhere to the legal provisions currently in force. The data controller has a duty, especially to the Client, to establish the purposes for which their data is being processed; to provide their prospective and existing clients, once their consent has been obtained, with comprehensive information relating to the processing of their personal data; and to maintain an accurate record of processing activities. Every time that www.crustac.fr processes Personal Data, www.crustac.fr takes all reasonable measures to ensure the accuracy and relevance of Personal Data with regard to the purposes for which they are being processed by www.crustac.fr.

Purposes of data collection and processing

www.crustac.fr may process data in its entirety or partially in order to:

enable Users to browse the Website and to manage and ensure the traceability of the services ordered by the user: Website login and browsing data, invoicing, order history etc.

prevent and combat computer fraud (spamming, hacking…): IT tools and software used for site navigation, IP address, password hash

improve Website navigation: Website login and browsing data

carry out optional client satisfaction surveys on www.crustac.fr: email address

carry out marketing campaigns (by text, email): telephone number, email address

www.crustac.fr does not sell your personal data, which is only used where necessary or for statistical or analytical purposes.

Rights of access, to rectification and to object

In accordance with European Union regulations currently in force, Users of the www.crustac.fr website have the following rights:

the right of access (article 15 GDPR), to rectification (article 16 GDPR), to their data being up to date and complete, to have their personal data blocked or erased (article 17 GDPR), when they are inaccurate, incomplete, ambiguous, out of date, or whose collection, use, transmission or storage is forbidden,

to withdraw consent at any time (article 13-2c GDPR)

to restrict the processing of their data (article 18 GDPR)

to object to the processing of their data (article 21 GDPR)

to data portability with regard to the data provided by the Users, where this data is processed by automatic means, or the processing was based on consent or a contract (article 20 GDPR)

to define guidelines as to the fate of their data after their death and to decide to which third party, (if any) www.crustac.fr should send their data. This third party will have been nominated in advance.

As soon as www.crustac.fr becomes aware of the death of a User, in the absence of instructions left by this User, www.crustac.fr undertakes to destroy their data, unless it needs to be preserved for evidentiary purposes or to meet a legal obligation.

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

Crusta C – DPO, Crusta C
ZI Buconis 32600 L’Isle Jourdain.

The User must specify what Personal Data they want www.crustac.fr to correct, update or erase. They must prove their identity with a copy of a piece of ID (identity card or passport).

Requests to erase Personal Data are subject to legal obligations which must be adhered to by www.crustac.fr, in particular, in relation to the conservation or archival of documents. Lastly, Users of the www.crustac.fr website may lodge a complaint with the relevant supervisory authorities, in this case, the CNIL (www.cnil.fr/fr/plaintes).

Non-communication of personal data

www.crustac.fr will not process, host or transfer Information it has collected on its Clients to a country outside the European Union or any country judged not to have an ‘adequate level of data protection’ by the European Commission without giving the Client advance notice. However, www.crustac.fr is free to choose its technical and sales subcontractors so long as it offers adequate guarantees in respect of the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).

www.crustac.fr undertakes to take all necessary precautions to keep Information secure and especially to ensure Information is not communicated to unauthorized individuals. However, if an incident impinging upon the integrity or confidentiality of Information relating to a Client is brought to the attention of www.crustac.fr, the latter must inform the Client as quickly as possible and inform them of the corrective measures it has taken. www.crustac.fr does not collect ‘sensitive data’.

The User’s Personal Data may be processed by subsidiaries of www.crustac.fr and subcontractors (service providers), exclusively with a view to fulfilling the purposes of this policy.

The people most likely to have access to the data of Users of the www.crustac.fr website are our customer service employees, in line with the individual remit of their positions and for the purposes mentioned above.

Notification of incidents

Regardless of the efforts and resources which may be employed, no method of online communication and no method of digital storage is 100% secure. We therefore cannot provide a guarantee of complete data security. If we become aware of a data breach, we will warn the users affected by this breach so they can take appropriate measures.

Our data breach notification procedures are in line with our legal obligations at both national and European level. We undertake to make full disclosure to our clients with regard to their account security and to provide them with all the information they need to enable them to fulfil their own regulatory obligations with regard to their reporting duties.

No personal information relating to users of the www.crustac.fr website is published without their knowledge, exchanged, transferred, assigned or sold, in any format whatsoever, to a third party. Only in the event of the acquisition of www.crustac.fr and its related rights could said information be transferred to the buyer who would in turn be bound by the same duty as regards the storage and modification of data belonging to users of the www.crustac.fr website.

Data security

To protect the security and confidentiality of Personal Data and Data concerning health, www.crustac.fr uses networks protected by standard measures such as firewalls, pseudonymization, encryption and passwords.

When Personal Data is being processed, www.crustac.fr takes all reasonable measures to protect this Personal Data from any loss, improper use, unauthorized access, disclosure, alteration or destruction.

Internet hyperlinks, ‘cookies’ and ‘tags’

The www.crustac.fr website contains hyperlinks to other websites, placed there with the permission of www.crustac.fr. However, www.crustac.fr is not in a position to check the content of the websites that may be visited via these hyperlinks and as a result may not be held liable for the content of these websites.

Unless you decide to disable the cookies, you agree to the website using them. You can disable these cookies whenever you desire, free of charge, by selecting the relevant preference amongst those provided to you, which will be described below. We remind you that this may impact or even prevent your access to some or all of the Services offered by the website.

COOKIES’

A ‘cookie’ is a small piece of text sent to a User’s browser which is then stored on the User’s device (e.g. computer, smartphone). This piece of data includes information such as the User’s domain name, the User’s Internet Service Provider, their operating system and the date and hour they accessed the website. There is absolutely no risk of Cookies causing any damage to the User’s device.

www.crustac.fr may process information relating to the User’s visit to the Website including which pages they viewed and which searches they carried out. This information helps www.crustac.fr to improve the Website’s content and the User’s browsing experience.

Cookies improve the browsing experience and/or make it easier to obtain the services offered by the Website. The User may configure their browser so as to be able to allow Cookies to be stored on their device, or alternatively, to prevent them from being stored on their device, either automatically or on an issuer-by-issuer basis. The User may also configure their browser so that they are given the choice of enabling or disabling Cookies before a Cookie can be stored on their device. www.crustac.fr informs the User that if Cookies are disabled, it is possible that some of the operating features of their browser will not be available.

If the User refuses to give their consent for Cookies to be stored on their device or browser, or if the User deletes stored Cookies from their device or browser, the User will be informed that their browsing experience on the Website may be negatively impacted. This may also occur in the event that www.crustac.fr or one of their service providers is unable to recognize the type of browser used by the device, the language or display settings or identify the country where the device is connected to the Internet, as this may be needed for reasons of technical compatibility.

www.crustac.fr may not be held liable for any consequences arising out of the impaired performance of the Website and any services offered by www.crustac.fr, arising from (i) the User’s decision to reject or disable Cookies (ii) www.crustac.fr’s inability to save or view the Cookies required for the good working of said Website and services, due to the preferences selected by the User. Each browser has different ways of configuring Cookie settings and preferences. They will be described in the browser’s help menu, which will explain how the User can change their Cookie preferences.

The User can select or change their Cookie preferences whenever they want. www.crustac.fr may call on outside service providers to help it collect and process the kind of information described in this section.

Finally, in the event the User has accepted the placing of cookies by continuing their visit on the www.crustac.fr Website or mobile app, when they click on the specific social media icons (Facebook, Linkedin and Youtube) on the www.crustac.fr Website or its mobile app, Facebook, Linkedin and Youtube may also place cookies on their devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent for this to happen by continuing your visit upon the www.crustac.fr Website or mobile app. The User can withdraw their consent for www.crustac.fr to place this type of cookie on their device at any time.

INTERNET TAGS

www.crustac.fr may occasionally use Internet tags, (also called action tags, single pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) which will be placed through a partner specializing in web analytics, who may be located (and therefore may store the information they work with, including the User’s IP address), in a foreign country.

These tags are placed both in online adverts through which internet users may access the Website and on various pages of the Website itself.

This technology enables www.crustac.fr to assess visitors’ responses to the Website, as well as how well the Website appears to be performing (for example, by measuring the number of times that a page is opened and viewed), and the number of times the Website is used by the same individual Users.

This external partner may also collect information on visitors to the Website and other Internet Sites through these tags, draw up reports on the Website’s activity for www.crustac.fr and provide other services relating to the use of the website and the internet.

Applicable law and jurisdiction

Any dispute arising out of the use of the www.crustac.fr website is subject to French law. Except where not permitted by law, the competent courts of Toulouse shall have exclusive jurisdiction.