Legal notice
1. Legal information
In accordance with the provisions of articles 6-III and 19 of law n°2004-575 of June 21, 2004 for Confidence in the Digital Economy, users of the OmyDisc site are informed of the identity of the various parties involved in its creation and follow-up.
Site: OmyDisc
URL : https://omydisc.com/
Owner : L'INDEPENDANTE LLP
Company number: OC455881
Address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM
E-mail : Support@omydisc.com
Site hosting
Host : Shopify Inc.
Address of host: 151 O'Connor Street, Ottawa, Ontario K2P 2L8, Canada
Phone number: 1-613-241-2828
assistance@shopify.com
Responsible for publication
E-mail: Support@omydisc.com
2. General conditions of use of the site and the services offered.
The OmyDisc 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 on the Site.
Use of the OmyDisc site implies full acceptance of the general conditions of use described in the General Conditions of Sale (GCS). These conditions may be modified or supplemented at any time; site users are therefore advised to consult them regularly.
The site is accessible to users 24 hours a day, 7 days a week, except in the event of technical maintenance or force majeure. In the event of interruption, OmyDisc will endeavor to inform users in advance of the dates and times of the intervention.
3. Description of information provided.
The purpose of the OmyDisc website is to provide information concerning all of the company's activities. OmyDisc strives to provide information on the OmyDisc website that is as accurate as possible. However, OmyDisc cannot be held responsible for any omissions, inaccuracies or failure to update information, whether caused by OmyDisc or by third-party partners supplying such information.
All information provided on the OmyDisc website is given for information only, and is subject to change. Furthermore, the information on the OmyDisc site is not exhaustive. It is subject to modifications having been made since it was put online.
4. Intellectual property and counterfeiting.
OmyDisc is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, notably 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 process used, is forbidden, except with the prior written authorization of : OmyDisc
Any unauthorized use 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 et seq. of the French Intellectual Property Code.
5. Limitation of liability.
OmyDisc acts as the publisher of the site. OmyDisc is responsible for the quality and accuracy of the Content it publishes.
OmyDisc cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the OmyDisc 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 incompatibility.
OmyDisc cannot be held responsible for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the https://omydisc.com/ website. Interactive areas (possibility of asking questions in the contact area) are available to users. OmyDisc reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular provisions relating to data protection. Where applicable, OmyDisc also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
6. Management of personal data.
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)
6.1 Persons responsible for the collection of personal data
For Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the person responsible for processing Personal Data is: L'INDEPENDANTE LLP. OmyDisc is represented by L'INDEPENDANTE LLP, its legal representative.
As the party responsible for processing the data it collects, OmyDisc 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, once their consent has been collected, with complete information on the processing of their personal data, and to maintain an accurate register of processing. Whenever OmyDisc processes Personal Data, OmyDisc takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which OmyDisc processes them.
6.2 Purpose of data collected
OmyDisc may process all or part of the data :
to enable browsing on the Site and the management and traceability of services and products ordered by the user: Site connection and usage data, invoicing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc.
to improve Site navigation: connection and usage data
to conduct optional satisfaction surveys on OmyDisc: e-mail address
to carry out communication campaigns (sms, e-mail): telephone number, e-mail address.
OmyDisc does not sell your personal data, which is therefore only used by necessity or for statistical and analysis purposes
6.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of the https://omydisc.com/ site have the following rights:
right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users' data right of blocking or erasure of Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or storage is prohibited
the right to withdraw consent at any time (Article 13-2c RGPD)
the right to limit the processing of Users' data (Article 18 RGPD)
right to object to the processing of Users' data (Article 21 RGPD)
right to portability of data provided by Users, where such data is 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 OmyDisc should communicate (or not) their data to a third party that they have previously designated.
As soon as OmyDisc becomes aware of the death of a User and in the absence of instructions from the User, OmyDisc undertakes to destroy the User's data, unless its retention proves necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how OmyDisc uses his or her Personal Data, to ask for them to be rectified or to object to their processing, the User may contact OmyDisc by e-mail at the following address: support@omydisc.com.
In this case, the User must indicate the Personal Data he/she would like OmyDisc to correct, update or delete, identifying him/herself 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 OmyDisc by law, in particular with regard to the conservation or archiving of documents. Finally, OmyDisc Users may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
6.4 Non-communication of personal data
OmyDisc refrains from processing, hosting or transferring Information collected on its Customers to a country located outside the European Union or recognized as “non-adequate” by the European Commission without informing the customer in advance. For all that, OmyDisc remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
OmyDisc undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of OmyDisc, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore, OmyDisc does not collect any “sensitive data”.
The User's Personal Data may be processed by OmyDisc subsidiaries and subcontractors (service providers), exclusively in order to achieve the aims of the present policy.
Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to OmyDisc User data are mainly our customer service agents.
7. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of 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 OmyDisc site is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of OmyDisc and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the OmyDisc site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, OmyDisc uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, OmyDisc takes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration or destruction.
8. Hypertext links, cookies and internet tags
The OmyDisc site contains a number of hypertext links to other sites, set up with the authorization of OmyDisc. However, OmyDisc is not in a position to check the content of sites visited in this way, and consequently assumes no responsibility in this respect.
Unless you decide to disable cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided below, although this may reduce or prevent access to all or part of the Services offered by the site.
8.1 “COOKIES
A “cookie” is a small information file sent to the User's browser and stored on 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 are in no way likely to damage the User's terminal.
OmyDisc may process information concerning the User's visit to the Site, such as pages consulted and searches carried out. This information enables OmyDisc to improve the content of the Site and the User's browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or according to their sender. The User may also configure his browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his terminal. OmyDisc informs the User that, in this case, it is possible that not all of the functionalities of his/her browser software will be available.
If the User refuses the recording of Cookies in his/her terminal or browser, or if the User deletes those recorded there, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case when OmyDisc or one of its service providers is unable to 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.
Le cas échéant, OmyDisc décline toute responsabilité pour les conséquences liées au fonctionnement dégradé du Site et des services éventuellement proposés par OmyDisc, résultant (i) du refus de Cookies par l’Utilisateur (ii) de l’impossibilité pour OmyDisc d’enregistrer ou de consulter les Cookies nécessaires à leur fonctionnement du fait du choix de l’Utilisateur. Pour la gestion des Cookies et des choix de l’Utilisateur, la configuration de chaque navigateur est différente. Elle est décrite dans le menu d’aide du navigateur, qui permettra de savoir de quelle manière l’Utilisateur peut modifier ses souhaits en matière de Cookies.
À tout moment, l’Utilisateur peut faire le choix d’exprimer et de modifier ses souhaits en matière de Cookies. OmyDisc pourra en outre faire appel aux services de prestataires externes pour l’aider à recueillir et traiter les informations décrites dans cette section.
Enfin, en cliquant sur les icônes dédiées aux réseaux sociaux Twitter, Facebook, Linkedin et Google Plus figurant sur le Site de OmyDisc ou dans son application mobile et si l’Utilisateur a accepté le dépôt de cookies en poursuivant sa navigation sur le Site Internet ou l’application mobile de OmyDisc, Twitter, Facebook, Linkedin et Google Plus peuvent également déposer des cookies sur vos terminaux (ordinateur, tablette, téléphone portable).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on the OmyDisc Internet Site or mobile application. At any time, the User may nevertheless withdraw his/her consent to OmyDisc depositing this type of cookie.
Article 8.2. INTERNET TAGS
OmyDisc may occasionally employ Internet tags (also known as “tags”, or action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through the intermediary of a partner specializing in Web analysis who may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These beacons are placed both in the online advertisements enabling Internet users to access the Site, and on the various pages of the Site.
This technology enables OmyDisc 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 consulted), as well as the User's use of the Site.
The external service provider may collect information on visitors to the Site and other Internet sites thanks to these tags, compile reports on Site activity for OmyDisc, and provide other services relating to the use of the Site and the Internet.
