Definitions
Client: Any professional or capable individual as defined by Articles 1123 and subsequent of the Civil Code, or a legal entity, who visits the Website subject to these general conditions.
Services: https://www.embersmovement.com provides Community Manager and Webdesigner services to Clients.
Content: All elements constituting the information present on the Website, including text, images, and videos.
Client Information: Hereinafter referred to as “Information(s),” which corresponds to all personal data that may be held by https://www.embersmovement.com for account management, client relationship management, and for analysis and statistics purposes.
User: Any internet user connecting to and using the aforementioned site.
Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of January 6, 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 June 21, 2004, for confidence in the digital economy, users of the website https://www.embersmovement.com are informed of the identities of the various parties involved in its realization and monitoring:
- Owner: Mrs. Claire LE CAM, Kermellec, 22110 KERGRIST-MOËLOU
- Publication Manager: Mrs. Claire LE CAM – contact@embersmovement.com
- Webmaster: Mrs. Claire LE CAM
- Host: OVH, RCS Lille Métropole 424 761 419 00045, 2 rue Kellermann – 59100 Roubaix – France
- Data Protection Officer: Mrs. Claire LE CAM – contact@embersmovement.com
2. General Conditions of Use of the Site and Services Offered
The Website 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 Website.
The use of the site https://www.embersmovement.com implies full acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time, and users of the site https://www.embersmovement.com are therefore invited to consult them regularly.
This website is normally accessible to users at any time. However, an interruption for technical maintenance may be decided by https://www.embersmovement.com, which will then endeavor to communicate to users in advance the dates and times of the intervention. The website https://www.embersmovement.com is regularly updated by Mrs.Claire LE CAM responsible. Similarly, legal notices can be modified at any time: they are binding on the user, who is invited to refer to them as often as possible to become acquainted with them.
3. Description of Services Provided
The website https://www.embersmovement.com aims to provide information about all the company’s activities. Mrs. Claire LE CAM strives to provide as accurate information as possible on the site https://www.embersmovement.com. However, she cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether by her or the third-party partners who provide this information.
All information indicated on the site https://www.embersmovement.com is given as an indication and is likely to evolve. Furthermore, the information on the site https://www.embersmovement.com is not exhaustive. It is given subject to modifications having been made since their online publication.
4. Contractual Limitations on Technical Data
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. Moreover, the user of the site agrees to access the site using recent equipment, not containing viruses, and with an updated latest-generation browser. The website https://www.embersmovement.com is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The objective is to provide a service that ensures the best rate of 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 durations, particularly for maintenance, improvement of its infrastructure, infrastructure failure, or if the Services generate traffic deemed abnormal.
https://www.embersmovement.com and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines, or computer and telephony equipment related, in particular, to network congestion preventing access to the server.
5. Intellectual Property and Counterfeits
https://www.embersmovement.com owns the intellectual property rights and holds the usage rights on all accessible elements 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, except with prior written authorization from https://www.embersmovement.com.
Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting a counterfeit and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Limitation of Liability
https://www.embersmovement.com acts as the publisher of the site. https://www.embersmovement.com cannot be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the website https://www.embersmovement.com, and resulting either from the use of equipment not meeting the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
https://www.embersmovement.com cannot also be held responsible for indirect damages (such as a loss of market or loss of opportunity) resulting from the use of the site https://www.embersmovement.com. Interactive spaces (possibility to ask questions in the comment space) are available to users. https://www.embersmovement.com reserves the right to delete, without prior notice, any content posted in this space that would contravene the applicable law in France, in particular the provisions relating to data protection. If necessary, https://www.embersmovement.com also reserves the possibility of questioning the user’s civil and/or criminal liability, notably in the case of a message of a racist, abusive, defamatory, or pornographic nature, 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 Managers
For the Personal Data collected in the context of creating the User’s personal account and navigating the Site, the data controller of Personal Data is: EmbersMovement. https://www.embersmovement.com is represented by Mrs. Claire LE CAM, its legal representative.
As the controller of the data it collects, https://www.embersmovement.com commits to complying with the framework of the legal provisions in force. It is up to the Client to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consent, with complete information on the processing of their personal data and to maintain a register of processing activities consistent with reality. Each time https://www.embersmovement.com processes Personal Data, https://www.embersmovement.com takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.embersmovement.com processes them.
7.2. Purpose of the Collected Data
https://www.embersmovement.com may process all or part of the data:
To allow navigation on the Site and the management and traceability of the services and services ordered by the user: connection and usage data of the Site, billing, order history, etc.
To prevent and combat computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, hashed password
To improve navigation on the Site: connection and usage data
To conduct optional satisfaction surveys on https://www.embersmovement.com: email address
https://www.embersmovement.com does not market your personal data, which are therefore only used out of necessity or for statistical and analytical purposes.
7.3. Right of Access, Rectification, and Opposition
In accordance with current European regulations, users of https://www.embersmovement.com have the following rights:
Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), update, completeness of users’ data, right to lock or erase users’ personal data (Article 17 GDPR) when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication, or storage is prohibited
Right to withdraw consent at any time (Article 13-2c GDPR)
Right to limit the processing of users’ data (Article 18 GDPR)
Right to object to the processing of users’ data (Article 21 GDPR)
Right to data portability that users have provided, when these data are subject to automated processing based on their consent or a contract (Article 20 GDPR)
Right to define the fate of users’ data after their death and to choose to whom https://www.embersmovement.com should communicate (or not) their data to a third party that they have previously designated
As soon as https://www.embersmovement.com becomes aware of the death of a user and in the absence of instructions from them, https://www.embersmovement.com undertakes to destroy their data, unless their retention is necessary for evidentiary purposes or to meet a legal obligation.
If the user wishes to know how https://www.embersmovement.com uses their Personal Data, request to rectify them, or oppose their processing, the user can contact https://www.embersmovement.com in writing at the following address:
EmbersMovement – DPO, Mrs. Claire LE CAM
Address: kermmellec 22110 KERGRIST-MËLOU.
In this case, the user must indicate the Personal Data they would like https://www.embersmovement.com to correct, update, or delete, by 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 https://www.embersmovement.com by law, particularly regarding the conservation or archiving of documents. Finally, users of https://www.embersmovement.com can file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
7.4. Non-communication of Personal Data
https://www.embersmovement.com is prohibited from processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as “unsuitable” by the European Commission without informing the client beforehand. However, https://www.embersmovement.com remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.embersmovement.com undertakes to take all necessary precautions to preserve the security of the Information and particularly that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client’s Information is brought to the attention of https://www.embersmovement.com, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://www.embersmovement.com does not collect any “sensitive data.”
The User’s Personal Data may be processed by subsidiaries of https://www.embersmovement.com and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the principal persons likely to have access to the data of Users of https://www.embersmovement.com are mainly the agents of our customer service.
8. Incident Notification
No matter how hard one tries, no method of transmission over the Internet and no 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 that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our clients of all matters related to their account security and providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://www.embersmovement.com is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the assumption of the repurchase of https://www.embersmovement.com and its rights would allow the transmission of said information to the potential purchaser who would, in turn, be held to the same obligation of data storage and modification with respect to the user of the site https://www.embersmovement.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.embersmovement.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, https://www.embersmovement.com takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext Links, Cookies, and Internet Tags
The site https://www.embersmovement.com contains a number of hypertext links to other sites, set up with the authorization of https://www.embersmovement.com. However, https://www.embersmovement.com does not have the possibility of verifying the content of the sites thus visited and therefore assumes no responsibility for this fact.
Unless you decide to disable cookies, you agree that the site can use them. You can disable these cookies at any time, free of charge, by using the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
10. Governing Law and Jurisdiction
Any dispute related to the use of the site https://www.embersmovement.com is subject to French law. Except in cases where the law does not permit, exclusive jurisdiction is conferred on the competent courts of Paris.
11. Main Laws Concerned
Law No. 78-17 of January 6, 1978, modified notably by Law No. 2004-801 of August 6, 2004, on information technology, files, and liberties.
Law No. 2004-575 of June 21, 2004, for confidence in the digital economy.
12. Lexicon
Client: Any professional or capable individual as defined by Articles 1123 and subsequent of the Civil Code, or a legal entity, who visits the Website subject to these general conditions.
Services: https://www.embersmovement.com provides Consulting in artistic direction and events.
Content: All elements constituting the information present on the Website, including text, images, and videos.
Client Information: Hereinafter referred to as “Information(s),” which corresponds to all personal data that may be held by https://www.embersmovement.com for account management, client relationship management, and for analysis and statistics purposes.
User: Any internet user connecting to and using the aforementioned site.
Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of January 6, 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).