Legal notice
Definitions
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 Site subject to these general conditions.
Services and amenities:
https://www.powesco.fr provides the following services to Customers:
CONTENT: All the elements constituting the information present on the Site, including texts – images – videos.
CUSTOMER INFORMATION: Hereinafter referred to as "Information" which corresponds to all personal data that may be held by https://www.powesco.fr 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 which 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 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. Website presentation
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, users of the website https://www.powesco.fr of the identity of the various parties involved in its creation and maintenance:
OWNER: SAS Enerlis, Share capital of €1,000,000, VAT number: FR83798562450 – 77 Rue Marcel Dassault, 92100 Boulogne-Billancourt
PUBLICATION MANAGER: – The publication manager is a natural person or a legal entity.
WEBMASTER:
HOST: OVH – 2 rue Kellermann 59100 Roubaix 1007
DATA PROTECTION OFFICER:
WEBSITE CONSULTING AND DESIGN: Pulp Design – 12 square Pétrarque 75116 Paris
WEBSITE CONSULTING, DESIGN AND DEVELOPMENT: Dioqa – 167 rue Gustave Eiffel 44150 Ancenis-Saint-Géréon
PHOTO CREDITS: iStock – Shutterstock – Getty Images – Pexels – Unsplash (Nathan Dumlao – Joel Filipe – LinkedIn Sales Solutions – ThisisEngineering RAEng – Chuttersnap – Robert Collins Andrew Klonaris – Christopher Gower – Lucian Dachman – Dan LeFebvre – Steve Pancrate Christina @wocintechchat.com) This GDPR legal notice was generated using a free legal notice generator for websites.
2. GENERAL TERMS AND CONDITIONS OF USE OF THE SITE AND THE 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, under any circumstances, reuse, transfer, or exploit for their own benefit all or part of the elements or works of the Site.
Use of the website https://www.powesco.fr implies full and unreserved acceptance of the terms and conditions of use described below. These terms and conditions of use may be modified or supplemented at any time; therefore, users of the website https://www.powesco.fr are encouraged to consult them regularly.
This website is normally accessible to users at any time. However, https://www.powesco.fr may decide to interrupt access for technical maintenance. In such cases, https://www.powesco.fr will endeavor to inform users of the dates and times of the maintenance in advance. The website https://www.powesco.fr is regularly updated by its administrator. Similarly, the legal notices may be modified at any time; however, they are binding on the user, who is encouraged to consult them as often as possible to stay informed.
PERSONAL DATA
In accordance with applicable regulations, Powesco has implemented a policy for the protection of your personal data. We invite you to consult it directly on our website or at the following address: https://www.powesco.fr/politique-de-protection-des-donnees-personnelles/
For any questions, you can contact:
3. DESCRIPTION OF SERVICES PROVIDED
The website https://www.powesco.fr aims to provide information about all of the company's activities. https://www.powesco.fr strives to provide information on the website that is as accurate as possible. However, it cannot be held liable for any omissions, inaccuracies, or failures to update the information, whether due to its own actions or those of third-party partners who provide this information.
All information provided on the website https://www.powesco.fr is for informational purposes only and is subject to change. Furthermore, the information on the website https://www.powesco.fr is not exhaustive. It is provided subject to modifications that may have been made since its publication.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
This website uses JavaScript technology. The website cannot be held liable for any material damage related to its use. Furthermore, the user agrees to access the website using up-to-date equipment, free of viruses, and with a modern, updated browser. The website https://www.powesco.fr 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 goal is to provide a service that ensures the highest possible accessibility. The hosting provider guarantees continuous 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, particularly for maintenance, infrastructure improvements, infrastructure failures, or if the services generate traffic deemed abnormal.
https://www.powesco.fr and the hosting provider cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the server.
5. INTELLECTUAL PROPERTY AND COUNTERFEITING
https://www.powesco.fr owns the intellectual property rights and holds the rights of use for all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the website's elements, regardless of the means or process used, is prohibited without the prior written authorization of https://www.powesco.fr. Any unauthorized use of the website or any of its elements will be considered an infringement and prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code.
Any unauthorized use of the site or any of its elements will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
6. LIMITATIONS OF LIABILITY
https://www.powesco.fr acts as the website publisher. https://www.powesco.fr is responsible for the quality and accuracy of the content it publishes.
https://www.powesco.fr cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing the website https://www.powesco.fr, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.
https://www.powesco.fr cannot be held liable for any indirect damages (such as loss of market share or loss of opportunity) resulting from the use of the https://www.powesco.fr website. Interactive areas (the ability to ask questions in the contact section) are available to users. https://www.powesco.fr reserves the right to remove, without prior notice, any content posted in these areas that violates applicable French law, particularly provisions relating to data protection. Where applicable, https://www.powesco.fr also reserves the right to pursue civil and/or criminal action against the user, particularly in the case of messages that are racist, abusive, defamatory, or pornographic, regardless of the medium used (text, photograph, etc.).
7. MANAGEMENT OF PERSONAL DATA
The Client is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 6 August 2004 as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 PERSONAL DATA COLLECTION RESPONSIBLE
For Personal Data collected during the creation of the User's personal account and their browsing of the Site, the data controller is: Powesco. https://www.powesco.fr is represented by Ronan VIGNON, its legal representative
As the data controller for the data it collects, https://www.powesco.fr is committed to complying with applicable legal provisions. In particular, it is the Client's responsibility to define the purposes of its data processing, to provide its prospects and clients with complete information on the processing of their personal data (based on their consent), and to maintain an accurate and up-to-date record of processing activities. Whenever https://www.powesco.fr processes Personal Data, it takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which it is processed.
7.2 PURPOSE OF COLLECTED DATA
https://www.powesco.fr may process all or part of the following data:
• To enable browsing on the Site and the management and tracking of services ordered by the user: connection and usage data for the Site, billing information, 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 Site: connection and usage data
• To conduct optional satisfaction surveys on https://www.powesco.fr: email address
• To conduct communication campaigns (SMS, email): telephone number, email address
https://www.powesco.fr 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://www.powesco.fr have the following rights:
• Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completion of user data; right to restrict or erase personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, disclosure, or storage is prohibited
; • Right to withdraw consent at any time (Article 13-2c GDPR);
• Right to restrict the processing of user data (Article 18 GDPR);
• Right to object to the processing of user data (Article 21 GDPR);
• Right to data portability for data provided by users, when such data is processed automatically based on their consent or on a contract (Article 20 GDPR);
• Right to define the fate of Users' data after their death and to choose to whom https://www.powesco.fr should (or should not) disclose their data to a third party they have previously designated. As soon as https://www.powesco.fr is notified of a User's death and in the absence of instructions from the User, https://www.powesco.fr undertakes to destroy their data, unless its retention proves necessary for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how https://www.powesco.fr uses their Personal Data, request its rectification, or object to its processing, the User can contact https://www.powesco.fr in writing at the following address:
Powesco – 77 Rue Marcel Dassault 92100 Boulogne-Billancourt.
In this case, the User must specify the Personal Data they would like https://www.powesco.fr to correct, update, or delete, clearly identifying themselves with a copy of an identity document (identity card or passport).
Personal Data will be subject to the legal obligations imposed on https://www.powesco.fr, particularly regarding the retention and archiving of documents. Finally
, Users of https://www.powesco.fr 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
https://www.powesco.fr will not process, host, or transfer the information collected about its customers to a country located outside the European Union or recognized as "inadequate" by the European Commission without first informing the customer. However, https://www.powesco.fr remains free to choose its technical and commercial subcontractors, provided they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.powesco.fr is committed to taking all necessary precautions to ensure the security of Information and, in particular, to prevent its disclosure to unauthorized persons. However, if https://www.powesco.fr becomes aware of an incident affecting the integrity or confidentiality of Client Information, it will inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://www.powesco.fr does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of https://www.powesco.fr and subcontractors (service providers), solely for the purposes described in this policy. Within the limits of their respective responsibilities and for the purposes outlined above, the main individuals likely to have access to User data from https://www.powesco.fr are primarily our customer service agents.
8. INCIDENT NOTIFICATION
Despite our best efforts, no method of transmission over the Internet or 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 they can take appropriate action. Our incident notification procedures comply with our legal obligations, whether at the national or European level. We are committed to fully informing our clients of all matters relating to the security of their accounts and providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of users of the website https://www.powesco.fr is published without their knowledge, exchanged, transferred, assigned, or sold on any medium whatsoever to third parties. Only in the event of the acquisition of https://www.powesco.fr and its rights would such information be transmitted to the prospective buyer, who would then be bound by the same obligation to retain and modify the data with respect to the users of the website https://www.powesco.fr.
SECURITY
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.powesco.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://www.powesco.fr takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. HYPERLINKS, COOKIES, AND INTERNET TAGS
The website https://www.powesco.fr contains a number of hyperlinks to other websites, established with the authorization of https://www.powesco.fr. However, https://www.powesco.fr is unable to verify the content of these external sites and therefore assumes no responsibility for them.
Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge using the opt-out options provided and described below, bearing in mind 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 data 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 will not damage the User's device in any way.
https://www.powesco.fr may process information about the User's visit to the Site, such as pages viewed and searches performed. This information allows https://www.powesco.fr to improve the Site's content and the User's browsing experience.
Cookies facilitate navigation and/or the provision of services offered by the Site. Users can configure their browser to allow them to decide whether or not to accept cookies, so that cookies are either stored on their device or rejected, either systematically or according to their origin. Users can also configure their browser to prompt them to accept or reject cookies on a case-by-case basis before a cookie is likely to be stored on their device. https://www.powesco.fr informs users that, in this case, some browser functionalities may not be available.
If the User refuses to allow cookies to be stored on their device or browser, or if the User deletes those already stored, the User is informed that their browsing experience on the Site may be limited. This could also be the case when https://www.powesco.fr or one of its service providers cannot recognize, 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, https://www.powesco.fr disclaims all liability for any consequences related to the degraded operation of the Site and any services offered by https://www.powesco.fr, resulting from (i) the User's refusal of Cookies or (ii) the inability of https://www.powesco.fr to save or access the Cookies necessary for their operation due to the User's settings. Cookie management and User preferences vary depending on the browser. This information is described in the browser's help menu, which explains how the User can modify their Cookie settings. The User can express and modify their Cookie preferences at any time. https://www.powesco.fr may also use the services of external providers to help 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 Site of https://www.powesco.fr or in its mobile application and if the User has accepted the deposit of cookies by continuing his browsing on the Website or the mobile application of https://www.powesco.fr, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your device if you consent to them by continuing to browse the https://www.powesco.fr website or mobile application. Users can withdraw their consent to https://www.powesco.fr placing these types of cookies at any time.
ARTICLE 9.2. INTERNET TAGS
https://www.powesco.fr may occasionally use Internet beacons (also known as "tags", action tags, pixel GIFs, clear GIFs, invisible GIFs and 1x1 GIFs) and deploy them through a 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 allows https://www.powesco.fr to evaluate visitor 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 this Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for https://www.powesco.fr, and provide other related services
10. APPLICABLE LAW AND JURISDICTION
Any dispute relating to the use of the website https://www.powesco.fr is governed by French law. Except where prohibited by law, exclusive jurisdiction is granted to the competent courts of Nanterre