DEFINITION

Customer: any professional or natural person capable within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Website covered by these general terms and conditions.

Services: SASU LE GRATON LYONNAIS provides Customers with:

Content: All elements constituting the information present on the Website, in particular text, images and videos.

Customer information: Hereinafter referred to as ‘Information(s)’, which corresponds to all personal data that may be held by SASU LE GRATON LYONNAIS for the management of your account, customer relationship management and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned website.

Personal information: ‘Information that 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 6 January 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

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://legratonlyonnais.fr are hereby informed of the identity of the various parties involved in its creation and monitoring:

Owner: SASU LE GRATON LYONNAIS Share capital of €80,000 VAT No. FR 38306315177 – ZA Le Curtil 38121 Reventin-Vaugris

Publication manager: Hervé Kratiroff – info@legratonlyonnais.fr
The publication manager is a natural person or a legal entity.

Webmaster: kineka.com

Host: OVH – 2 rue Kellermann 59100 Roubaix 1007

Data controller: LE GRATON LYONNAIS – info@legratonlyonnais.fr

2. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND THE SERVICES OFFERED

The website 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 their own account all or part of the elements or works on the Website.

Use of the https://legratonlyonnais.fr website implies full and complete acceptance of the general terms and conditions of use described below. These terms and conditions of use may be modified or supplemented at any time, so users of the https://legratonlyonnais.fr website are invited to consult them regularly.

This website is normally accessible to users at all times. However, SASU LE GRATON LYONNAIS may decide to interrupt access for technical maintenance purposes. The https://legratonlyonnais.fr website is regularly updated by SASU LE GRATON LYONNAIS. 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 in order to remain informed.

3. DESCRIPTION OF SERVICES PROVIDED

The purpose of the website https://legratonlyonnais.fr is to provide information about all of the company’s activities. SASU LE GRATON LYONNAIS endeavours to provide information that is as accurate as possible on the website https://legratonlyonnais.fr. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in updates, whether caused by itself or by third-party partners who provide it with this information.

All information provided on the https://legratonlyonnais.fr website is given for information purposes only and is subject to change. Furthermore, the information on the https://legratonlyonnais.fr website is not exhaustive. It is provided subject to any changes that may have been made since it was posted online.

4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The website uses JavaScript technology. The website cannot be held liable for any material damage related to the use of the website. Furthermore, users of the website undertake to access the website using recent, virus-free equipment and an up-to-date, latest-generation browser. The https://legratonlyonnais.fr website is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The aim is to provide a service that ensures the best possible 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 periods, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure or if the Services generate traffic that is deemed abnormal.

SASU LE GRATON LYONNAIS and the host cannot be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.

5. INTELLECTUAL PROPERTY AND COUNTERFEITING

SASU LE GRATON LYONNAIS is the owner of the intellectual property rights and holds the rights of use for all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written authorisation of: SASU LE GRATON LYONNAIS

Any unauthorised use of the website or 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 et seq. of the Intellectual Property Code.

6. LIMITATIONS OF LIABILITY

SASU LE GRATON LYONNAIS acts as the publisher of the website. SASU LE GRATON LYONNAIS is responsible for the quality and accuracy of the Content it publishes.

SASU LE GRATON LYONNAIS cannot be held liable for any direct or indirect damage caused to the user’s equipment when accessing the website https://legratonlyonnais.fr, 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 incompatibility.

SASU LE GRATON LYONNAIS cannot be held liable for indirect damage (such as loss of market share or loss of opportunity) resulting from the use of the https://legratonlyonnais.fr website. Interactive spaces (where questions can be asked in the contact area) are available to users. SASU LE GRATON LYONNAIS reserves the right to delete, without prior notice, any content posted in this space that contravenes applicable legislation in France, in particular provisions relating to data protection. Where applicable, SASU LE GRATON LYONNAIS also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photography, etc.).

7. MANAGEMENT OF PERSONAL DATA

The Customer is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on confidence in the digital economy, the Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 RESPONSIBLE FOR THE COLLECTION OF PERSONAL DATA

For Personal Data collected in connection with the creation of the User’s personal account and their browsing on the Website, the controller of Personal Data is: SASU LE GRATON LYONNAIS. SASU LE GRATON LYONNAIS is represented by Hervé Kratiroff, its legal representative.

As the controller of the data it collects, SASU LE GRATON LYONNAIS undertakes to comply with 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, based on the collection of their consent, with complete information on the processing of their personal data and to maintain a register of processing operations that reflects reality. Whenever SASU LE GRATON LYONNAIS processes Personal Data, SASU LE GRATON LYONNAIS takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which SASU LE GRATON LYONNAIS processes it.

7.2 PURPOSE OF THE DATA COLLECTED

SASU LE GRATON LYONNAIS may process all or part of the data:

  • to enable navigation on the Website and the management and traceability of the services ordered by the user: connection and use data of the Website, invoicing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
  • to improve browsing on the Website: connection and usage data
  • to conduct optional satisfaction surveys on https://legratonlyonnais.fr: email address
  • to conduct communication campaigns (SMS, email): telephone number, email address

SASU LE GRATON LYONNAIS does not sell your personal data, which is therefore only used when necessary or for statistical and analytical purposes.

7.3 RIGHT OF ACCESS, RECTIFICATION AND OBJECTION

In accordance with current European regulations, Users of https://legratonlyonnais.fr have the following rights:

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of User data right to block or erase personal User data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
  • the right to withdraw consent at any time (Article 13-2c GDPR)
  • right to restrict the processing of User data (Article 18 of the GDPR)
  • right to object to the processing of User data (Article 21 of the GDPR)
  • right to the portability of data provided by Users, when such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
  • the right to determine the fate of Users’ data after their death and to choose to whom https://legratonlyonnais.fr must communicate (or not) their data to a third party they have previously designated

As soon as SASU LE GRATON LYONNAIS becomes aware of the death of a User and in the absence of instructions from them, SASU LE GRATON LYONNAIS undertakes to destroy their data, unless its storage is necessary for probative purposes or to meet a legal obligation.

If the User wishes to know how SASU LE GRATON LYONNAIS uses their Personal Data, request to rectify it or object to its processing, the User may contact SASU LE GRATON LYONNAIS in writing at the following address:

LE GRATON LYONNAIS – Data Processing Manager
ZA Le Curtil 38121 Reventin-Vaugris.

In this case, the User must indicate the Personal Data that they would like SASU LE GRATON LYONNAIS to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on SASU LE GRATON LYONNAIS by law, particularly with regard to the storage or archiving of documents. Finally, Users of https://legratonlyonnais.fr may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 NON-DISCLOSURE OF PERSONAL DATA

SASU LE GRATON LYONNAIS undertakes not to process, host or transfer the Information collected on its Customers to a country outside the European Union or recognised as ‘unsuitable’ by the European Commission without first informing the customer. However, SASU LE GRATON LYONNAIS remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

SASU LE GRATON LYONNAIS undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of SASU LE GRATON LYONNAIS, the latter shall inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, SASU LE GRATON LYONNAIS does not collect any ‘sensitive data’.

The User’s Personal Data may be processed by subsidiaries of SASU LE GRATON LYONNAIS and subcontractors (service providers), exclusively for the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes outlined above, the main persons likely to have access to the data of Users of https://legratonlyonnais.fr are primarily our customer service agents.

7.5 TYPES OF DATA COLLECTED

With regard to users of the https://legratonlyonnais.fr website, we collect the following data, which is essential for the operation of the service and will be kept for a maximum period of 12 months after the end of the contractual relationship:
Surname, first name, activity, company, SIRET number, email address, postal address, telephone number

SASU LE GRATON LYONNAIS also collects information that enables it to improve the user experience and offer contextualised advice:
Google Analytics

This data is kept for a maximum period of 12 months after the end of the contractual relationship.

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 users concerned so that they can take appropriate measures. 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 accounts and to providing them with all the information they need to help them comply with their own regulatory reporting obligations.

No personal information about users of the https://legratonlyonnais.fr website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only in the event of the acquisition of SASU LE GRATON LYONNAIS and its rights would it be possible for such information to be transferred to the potential purchaser, who would in turn be bound by the same obligation to store and modify data with regard to users of the https://legratonlyonnais.fr website.

SECURITY

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://legratonlyonnais.fr uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, SASU LE GRATON LYONNAIS takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. HYPERTEXT LINKS, COOKIES AND INTERNET TAGS

The https://legratonlyonnais.fr website contains a number of hypertext links to other websites, set up with the authorisation of SASU LE GRATON LYONNAIS.

However, SASU LE GRATON LYONNAIS is unable to verify the content of the websites visited in this way, and therefore accepts no responsibility for them.
Unless you decide to disable cookies, you agree that the website may use them. You can disable these cookies at any time, free of charge, using the disabling options available to you and listed below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the website.

9.1. ‘COOKIES’

A ‘cookie’ is a small information file sent to the User’s browser and stored on the User’s device (e.g. computer, smartphone) (hereinafter ‘Cookies’). This file contains 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 device in any way.

SASU LE GRATON LYONNAIS may process information about the User’s visit to the Website, such as the pages viewed and searches performed. This information enables SASU LE GRATON LYONNAIS to improve the content of the Website and the User’s browsing experience.

As cookies facilitate navigation and/or the provision of services offered by the Website, the User can configure their browser to allow them to decide whether or not to accept cookies so that they are stored on their device or, conversely, are rejected, either systematically or depending on their issuer. The User may also configure their browser software so that they are asked to accept or refuse Cookies on a case-by-case basis, before a Cookie is likely to be stored on their device. SASU LE GRATON LYONNAIS informs the User that, in this case, not all of the features of their browser software may be available.

If the User refuses to accept Cookies on their device or browser, or if the User deletes those that are stored there, the User is informed that their browsing and experience on the Website may be limited. This may also be the case when SASU LE GRATON LYONNAIS or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the Internet.

Where applicable, SASU LE GRATON LYONNAIS declines all responsibility for the consequences of the degraded functioning of the Website and any services offered by https://legratonlyonnais.fr, resulting from (i) the User’s refusal of Cookies or (ii) the inability of SASU LE GRATON LYONNAIS to record or consult the Cookies necessary for their operation due to the User’s choice. Each browser has different settings for managing cookies and the User’s choices. These are described in the browser’s help menu, which will tell the User how to change their cookie preferences.

Users may choose to express and modify their preferences regarding cookies at any time.

SASU LE GRATON LYONNAIS 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 https://legratonlyonnais.fr website or in its mobile application, and if the User has accepted the use of cookies by continuing to browse the https://legratonlyonnais.fr website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent to them by continuing to browse the SASU LE GRATON LYONNAIS website or mobile application. However, Users may withdraw their consent to SASU LE GRATON LYONNAIS placing this type of cookie at any time.

9.2. INTERNET TAGS

SASU LE GRATON LYONNAIS may occasionally use Internet tags (also known as ‘tags’ or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-by-one GIFs) and deploy them through a specialist web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements allowing Internet users to access the Site and on the various pages of the Site.

This technology enables https://legratonlyonnais.fr to evaluate visitors’ responses to the Site and the effectiveness of its actions (e.g. the number of times a page is opened and the information consulted), as well as the User’s use of the Site.

The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on the Site’s activity for SASU LE GRATON LYONNAIS, and provide other services relating to the use of the Site and the Internet.

10. APPLICABLE LAW AND JURISDICTION

Any dispute relating to the use of the https://legratonlyonnais.fr website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of Grenoble.