Legal notice

Definitions

Client: Any professional or natural person capable under Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general terms and conditions.

Services: https://davaine.com provides Clients with:

Content: All elements constituting the information present on the Site, including texts, images, and videos.

Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons 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 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 June 21, 2004, on confidence in the digital economy, users of the website https://davaine.com are informed of the identity of the various stakeholders in its creation and maintenance:

Owner: SARL DAVAINE CHAINES VAT Number: FR01335119541 – 230 AVENUE DESANDROUIN 59300 VALENCIENNES
Publication Manager: DAVAINE CHAINES – contact@davaine.com
The publication manager is either a natural or legal person.
Webmaster: Anais Ramalho
Host: o2switch – Chem. des Pardiaux 63000 CLERMONT-FERRAND +33 4 44 44 60 40
Data Protection Officer: DAVAINE CHAINES – contact@davaine.com

2. General Terms of Use of the Site and 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://davaine.com implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, and users of the website https://davaine.com are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://davaine.com, which will then endeavor to communicate in advance to users the dates and times of the intervention. The website https://davaine.com is updated regularly by https://davaine.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 to stay informed.

3. Description of Services Provided

The website https://davaine.com aims to provide information concerning all activities of the company. https://davaine.com strives to provide the most accurate information possible on the website. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether they are its fault or that of third-party partners providing this information.

All information on the site https://davaine.com is given for indicative purposes only and may evolve. Furthermore, the information on the site https://davaine.com is not exhaustive. It is given subject to modifications having been made since it was put online.

4. Technical Data Limitations

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 equipment, free of viruses, and with an updated latest-generation browser. The website https://davaine.com is hosted by a provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The goal is to provide a service ensuring the highest accessibility rate. The host ensures service continuity 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance, improvement of its infrastructures, failure of its infrastructures, or if the Services and Offerings generate traffic deemed abnormal.

https://davaine.com and the host cannot be held responsible in case of internet network malfunction, telephone lines, or computer and telephony equipment related, in particular, to network congestion preventing access to the server.

5. Intellectual Property and Counterfeiting

https://davaine.com owns the intellectual property rights and holds the rights to use 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://davaine.com.

Any unauthorized exploitation of the site or any of the elements it contains will be considered an infringement and pursued in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

6. Limitation of Liability

https://davaine.com acts as the publisher of the site. https://davaine.com is responsible for the quality and accuracy of the Content it publishes.

https://davaine.com cannot be held responsible for direct and indirect damage to the user’s equipment when accessing the website https://davaine.com, resulting either from using equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

Interactive spaces (such as a contact section) are available to users. https://davaine.com reserves the right to remove, without prior notice, any content posted in this space that violates applicable French law, particularly concerning data protection. If necessary, https://davaine.com also reserves the right to hold the user civilly and/or criminally liable, especially in cases of racist, offensive, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).

7. Management of Personal Data

The Client is informed about 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, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Data Collection Responsibility

For Personal Data collected when creating the User’s personal account and browsing the Website, the data controller is: DAVAINE CHAINES (https://davaine.com), represented by Georges MARIT, its legal representative.

As the entity responsible for processing the collected data, https://davaine.com commits to complying with current legal provisions. It is responsible for defining the purposes of its data processing, informing prospects and clients about how their data is handled when obtaining their consent, and maintaining an up-to-date processing register. Each time https://davaine.com processes Personal Data, it takes all reasonable steps to ensure the accuracy and relevance of the data for the purposes for which it is processed.

7.2 Purpose of Data Collection

https://davaine.com may process some or all of the following data:

• To facilitate navigation on the site and manage the tracking of services requested by users (e.g., billing, contact requests, application management).
• To prevent and combat digital fraud (e.g., spam, hacking), including tracking devices used for browsing, IP addresses, and hashed passwords.
• To improve the user experience on the website (e.g., connection and usage data). https://davaine.com does not sell users’ personal data; it is only used when necessary or for statistical and analytical purposes.

7.3 User Rights: Access, Rectification, and Objection

In accordance with European regulations, users of https://davaine.com have the following rights:

• Right of access (Article 15 GDPR) and rectification (Article 16 GDPR): Users may update or complete their data.
• Right to deletion (Article 17 GDPR): Users may request the deletion of inaccurate, incomplete, outdated, or unlawfully collected data.
• Right to withdraw consent at any time (Article 13-2c GDPR).
• Right to restrict processing (Article 18 GDPR).
• Right to decide the fate of their data after death and to designate a person to whom their data should (or should not) be communicated.

If a user wishes to understand how https://davaine.com processes their personal data, request a correction, or object to its processing, they can contact:

DAVAINE CHAINES – DPO, DAVAINE CHAINES
230 AVENUE DESANDROUIN 59300 VALENCIENNES.

Requests for data deletion are subject to legal obligations, such as document retention requirements on davaine.com. Users can also file complaints with data protection authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-Disclosure of Personal Data

https://davaine.com does not process, host, or transfer collected client data outside the European Union without prior notification to the client. However, the company is free to choose technical and commercial service providers as long as they meet GDPR compliance requirements.

https://davaine.com takes necessary precautions to ensure data security and prevent unauthorized access. If a security breach is detected, affected clients will be notified promptly. Additionally, https://davaine.com does not collect any sensitive data.

User data may be shared with subsidiaries or subcontractors from davaine.com exclusively for the purposes outlined in this policy. Within their respective roles, the primary individuals with access to user data are customer service representatives.

Within their respective roles, the primary individuals with access to user data are customer service representatives.

8. Incident Notification

Despite all efforts, no digital transmission or storage method is completely secure. In case of a security breach, users will be notified promptly to take appropriate action. Our incident notification procedures comply with national and European legal obligations.

No personal information of site users (https://davaine.com) is published, transferred, or sold to third parties without user consent.

Security

To ensure confidentiality and security, https://davaine.com uses industry-standard protections such as firewalls, pseudonymization, encryption, and password protection.

During data processing, https://davaine.com takes reasonable precautions to safeguard data from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hyperlinks, Cookies, and Web Tags

The site (https://davaine.com) contains hyperlinks to other websites authorized by https://davaine.com. However, https://davaine.com cannot verify the content of these external sites and assumes no responsibility for them.

A cookie is a small data file sent to a user’s browser and stored on their device (computer, smartphone, etc.). Cookies contain information such as the user’s domain name, internet service provider, operating system, and time of access. They do not damage the user’s device.

9.1. « COOKIES »

A cookie is a small data file sent to a user’s browser and stored on their device (computer, smartphone, etc.). Cookies contain information such as the user’s domain name, internet service provider, operating system, and time of access. They do not damage the user’s device.

https://davaine.com may use cookies to: Analyze user navigation patterns to improve website content and user experience and ensure smooth website functionality and service accessibility.

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 or not they wish to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or rejection of Cookies is offered to them from time to time, before a Cookie is likely to be stored in their terminal. https://davaine.com informs the User that, in this case, the functionalities of their browser software may not all be available.

If the User refuses the registration of Cookies in his terminal or browser, or if the User deletes those registered there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when https://davaine.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 appears to be connected to the Internet.

Where applicable, https://davaine.com declines all responsibility for the consequences linked to the degraded functioning of the Site and the services potentially offered by https://davaine.com, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://davaine.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 allow you to know how the User can modify their wishes regarding Cookies.

At any time, the User may choose to express and modify their wishes regarding Cookies. https://davaine.com may also use the services of external service providers to help it collect and process the information described in this section.

Users can modify their cookie preferences at any time. Third-party services such as Twitter, Facebook, LinkedIn, and Google Plus may also place cookies when the user interacts with their icons on the website. These cookies will only be placed if the user consents by continuing to browse the site.

These types of cookies are only placed on your devices if you consent to them by continuing to browse the https://davaine.com website or mobile application. However, the User may withdraw their consent to https://davaine.com placing this type of cookie at any time.

10. Governing Law and Jurisdiction

Any disputes related to the use of https://davaine.com are governed by French law. Unless otherwise required by law, exclusive jurisdiction is granted to the courts of Valenciennes, France.