GENERAL TERMS AND CONDITIONS OF USE

 

These general terms and conditions of use were updated on July 1st 2014.


Purpose 

The purpose of these General Terms and Conditions of Use (hereinafter the ‘General Terms and Conditions’) is to set out the terms and conditions pursuant to which the services contained in the applications that the Company publishes (hereinafter the ‘Applications’) are offered to any user (hereinafter the ‘User’) on its websites and mobile websites and in stores, such as ‘Apple Store’ (hereinafter the ‘Sites’). These services enable the User to install games, chat via community services or access, view and download films, series and video clips (hereinafter the ‘Service’) on a presently existing or future fixed or mobile terminal connected to a radio telecommunications network (including, in particular, any computer, smartphone, connected tablet or compatible connected TV) enabling access to the Service (hereinafter the ‘Terminal’). 


Any use whatsoever of the Applications shall be deemed full acceptance, without reservation, of these General Terms and Conditions. 

 

Information required by law 

The Applications, websites and mobile websites (other than stores such as ‘Apple Store’) are published by Digital Virgo Entertainment, a French société par actions simplifiée (SAS) (simplified joint stock company) with share capital of €497,040, registered in the Aix-en-Provence Trade and Companies Register under number B 430 325 811/EU VAT no. FR 80 430 325 811, whose registered office is located at 350 rue Denis Papin – Parc de la Duranne – Domaine du Tourillon – 13100 Aix-en-Provence - France (hereinafter the ‘Company’).

 

Publishing Director

Guillaume Briche

Site hosting services


Site hosted by SFR (SFR Business Team), a French société anonyme (SA), registered in the Paris Trade and Companies Register under no. 343 059 564, whose address is Meudon Campus, Bât. 1, 12-14 Rue de la Verrerie, 92190 Meudon.

Telephone: 01 70 18 60 00


Or 

Site hosted by Jaguar Network, a French société par actions simplifiée (SAS), registered in the Marseille Trade and Companies Register under no. 439 099 656, whose address is 71 Avenue André Roussin, BP 50067, 13321 Marseille Cedex 16.

Telephone: 0811 656 111


Customer Service:

For any question or to obtain information about these General Terms and Conditions or the Applications, the User may contact our Customer Service department: 

By post: Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, France (no postage necessary)

By e-mail, on the Site, by clicking on the ‘contact’ link at the bottom of each page of the Site, or by sending an e-mail to the address specified on the particular Site in question.

By telephone: 0805121132 (toll-free number)


Access to Services

The Service that the Company offers on the Site is free of charge or, if applicable, is offered pursuant to the financial terms specified on each Site.

A User who wishes to subscribe to the Service must visit the Site and click on the Application he/she wishes to download. He/she must then follow the instructions given on the Site and/or Application.

Access to the Services is immediate, provided, however, the internet and Terminal and/or any computer equipment of the User connected to the internet are operating properly. 

The Company shall in no event be liable if the Application is not received, in particular if these conditions are not met, as the Company has no control over the internet or the User’s computer and telephone installations. 


If a fee is required for the Services, in accordance with Article L.121-21 of the French Consumer Code (Code de la Consommation), we hereby inform the User that he/she has a period of fourteen clear days as from the date of the acceptance of and subscription to the Service to exercise his/her right of withdrawal, without the need to provide a reason and without incurring any penalty, except the cost of return shipment, if applicable. 


The fourteen (14) days shall run from the date of conclusion of the contract.
To exercise his/her right of withdrawal, the User must notify the Company of his/her decision through an unambiguous statement to send to the Company at the earliest by:


• email sent at the address mentionned on the concerned Site.


Or by


• mail sent to the following address (requires no stamps) : 

Badabim Service Client Libre Réponse 94119 - 13629 Aix en Provence cedex 1 – France


The User must specify in his/her request the following in order to allow the treatment of:


- the User’s complete contact details (first name and surname, postal address, e-mail address);

- the name of the Application downloaded and the Site from which the Application was downloaded;

- the nature of the claim;

- the User’s telephone number as entered into the Site or Application.


An acknowledgment of receipt is sent by email when Company becomes aware of the application for withdrawal.


In case of withdrawal from the User, the Company will reimburse all payments received from him not later than fourteen days after the date on which the Company is informed of its decision to withdraw from this contract.


Provisions applying to community services 

  •    Access 

Any User wishing to access the community services can do so via the Application or the Site, after logging in using his username and password or via a Facebook Connect.

  •    Content published by Users 

A User will have sole responsibility for his identifiers, password and username. Accordingly, he undertakes not to choose an identifier or username that is illegal or infringes any third party's rights or that could be considered insulting, racist, hateful or of a paedophilic or sexual nature. 


Moreover, the User undertakes to respect all third parties' rights and, more generally, the law. The User undertakes in particular: 

  • -    to act loyally;
  • -    to determine his own privacy settings;
  • -    to provide information that is truthful, accurate and up-to-date;
  • -    not to make any remarks or circulate any content on the community services in any form whatsoever that may infringe the rights of any other party or that may be contrary to accepted principles of morality or public order or be in any other way inappropriate, indecent, offensive or unseemly, obscene, slanderous, insulting, pornographic, violent, racist, xenophobic, revisionist, discriminatory, etc., or that might infringe the privacy or rights of any person whomsoever;
  • -    not to breach any civil or criminal rules;
  • -    not to circulate any content reserved for adults only;
  • -    not to post, mention or circulate information or content the effect of which would be to impair the operation of the Services, such as software, viruses, logic bombs, mass mailing, etc.;
  • -    not to mention or circulate links to any competing website or third-party website that is illegal, contrary to accepted principles of morality or public order, or does not comply with these General Term and Conditions;
  • -    not to transmit any personal data relating to family, friends or third parties. 
  • ¬    Moderation and management of community services

The Company has no contractual obligation to check the identity of the Users or the accuracy of the content they publish under their sole responsibility, or to moderate said content. However, the usernames and the advertisements and content published by Users may be moderated after posting and, as a result, be deleted if they do not comply with these General Terms and Conditions or, more generally, with the law.


Moreover, the Company may need to moderate the content published and the messages exchanged to ensure that remarks that do not comply herewith or with the applicable legislation are not posted on the Site. The Service may appoint an individual to manage the Service and provide guidance, in order to ensure that the Service remains User-friendly at all times, to help Users to use the Site, and to ensure its continued use. Users are therefore informed that they may receive messages from individuals appointed to moderate and manage the Service.


The User waives all right of recourse against the Company, in particular on the basis of any infringement of his image rights, integrity, reputation or privacy as a result of the circulation or disclosure of information concerning the said User.


The Company cannot be held liable for the accuracy or inaccuracy of any information and content provided by other Users, Site visitors and/or the User personally, or for the consequences thereof. Likewise, the Company cannot be held liable for any content posted by a User that may infringe the rights of one or more other Users or any third party, when the Company can produce proof that it was not informed thereof by a User or a third party, did not have prior knowledge thereof, or that no wrongdoing can be attributed to it in the performance of its contractual obligations.


Provisions applying to the viewing or downloading of videos on demand, streaming and/or series 

The User will select the product (game, film, series, video clip, digital entertainment product, etc.) he wishes to download from the range of products proposed by the Company via the Application or the Site, after logging in using his username and password or via Facebook Connect. A password will be sent by e-mail to the address provided by the User when he opens his account, or if he forgets his password. 

After selecting the product, the User will be required to follow the instructions and comply with the Company’s requests for information and, if a product is offered in an Application for a price, the store’s instructions and requests for information. The delivery times will be as stipulated below.


Products will be delivered electronically via Internet or the telecommunications operator’s network. The User will download or view the selected products directly on his Terminal; downloading or viewing will be immediate, provided however that the Internet network and the User's equipment connected to the Internet are operating correctly.


The Company cannot be held liable under any circumstances for any failure to correctly receive the product, in particular if these terms and conditions have not been complied with, as it has no control over the Internet or the User's computer and telephone installations. The User has a duty to verify the content of the product upon receipt. 


Use by minors or at work  

Users must be of legal age to download Applications. The Company shall not be liable for downloads by Users who violate this rule.

Therefore, minors must obtain their parents’ permission (or the permission of their legal guardians) before downloading or ordering the Applications offered on the Site(s).

Users must request authorisation from their employer or supervisor if the Site(s) are used at their workplace. 

 

Exclusion of liability 

The Company offers no express or implied warranty, and assumes no liability, with respect to the use of the Site and/or the Application. 

Neither the Company nor any third party involved in the creation of the Application or Site shall in any event be liable or owe any compensation to a User or any other party for direct, indirect, consequential, special or ancillary losses incurred due to the use of the Application or Site, or any other site linked by a hyperlink, in particular loss of profits, losses due to business interruption or losses due to loss of programs or other data from the User’s management information system or anywhere else. The User’s connection to any other external site shall be at his/her own risk. 

The Site and/or the Application may contain images of and links to sites managed by third parties (‘Third-Party Sites’). The Company has no control over Third-Party Sites and assumes no liability with respect to their content. In particular, the Company assumes no liability for the content of links displayed on Third-Party Sites or for modifications or updates to Third-Party Sites. The Company shall not be liable for any material distributed over the internet or using any other form of transmission that is received from a Third-Party Site, or for a malfunction of Third-Party Sites. The Company provides such links for the User’s convenience only, and the inclusion of a link does not mean that the Company approves the content of such Third-Party Sites or that there is any association between the Company and the operators of said sites. Users are responsible for reviewing any privacy policy posted on Third-Party Sites, as well as their terms and conditions of use, and for complying therewith.

 

The Company endeavours to deliver the Services as quickly as possible. However, the Company must use the services and distribution networks of third-party companies, over which it has no influence with respect to availability. Accordingly, the Company shall not be liable in the event the User experiences delays in accessing the Services, or in the event of a temporary or permanent interruption in data transmission to the User’s Terminal if such interruption is not attributable to the Company. The Company reserves the right to temporarily suspend access to the Services for Site maintenance and repairs.

Use of the Services requires use of certain technical systems, such as a Terminal, computer programs, means of transmission, telecommunication services and other services of third-party companies, which may entail additional costs. Such costs shall be borne by the User. The Company does not supply any of these technical systems and shall in no event be liable therefor.

 

Intellectual property rights

The Company offers Applications that it produces itself, as well as Applications licensed from third-party companies, which are protected by intellectual property rights.

Consequently, Applications downloaded are for Users’ personal use only. No reproduction, modification, transmission, sale or sub-license is authorised. 

The figurative or other trademarks (hereinafter referred to collectively as the ‘trademarks’) displayed in the Applications or on the Sites, or in any newsletter, are registered or unregistered trademarks owned by the Company and third parties. Reference to trademarks in these Applications or on these Sites shall in no event be deemed an express or implied granting of any right of use, licence or authorisation with respect to said trademarks, without the written agreement of the Company or relevant third party. Any use of the trademarks referred to in the Applications or on the Sites, or the content thereof, that is not expressly authorised by the trademark holders, other than as granted under these General Terms and Conditions, is strictly forbidden. The Company hereby advises Users that it is entitled to take legal action, including before the criminal courts, to protect its intellectual property rights. 

All rights of authors, composers, music publishers and all holders of neighbouring rights in the works reproduced and distributed in these Applications and/or on these Sites are reserved. Any use of said works other than as described in these General Terms and Conditions is forbidden.

 

Right of access to personal data files

The User is solely responsible for the data he/she provides.

In accordance with the French Data Protection Act, Act no. 78-17 of 6 January 1978, the User is hereby informed that the information provided in connection with the Service is necessary to use the Service. Such information enables the Company inter alia to manage provision of the Service and the customer relationship.


Such information is intended solely for, firstly, the Company and its contractual partners for the requirements of providing the Service and, secondly, its service providers. 


Some of these recipients are located outside the European Union, specifically in Mauritius and Morocco. These recipients will receive inter alia the following data: the first name, surname and address of prospective users and/or Users; the telephone number of prospective users and/or Users (including user names); the e-mail address of prospective users and/or Users; the identity of prospective users and/or Users; invoices of electronic communications operators (mobile telephone, landlines and internet access providers); and copies of identity documents, if applicable.


This data is transferred to recipients located outside the European Union for the purpose of managing (i) the provision of the Services and (ii) the customer relationship.

The Company reports data transfers outside the European Union to the French National Data Protection Authority (CNIL), and such data transfers are governed by the standard contractual clauses approved by the European Commission.


In accordance with Articles 38, 39 and 40 of the French Data Protection Act, Act no. 78-17 of 6 January 1978, as amended by the Act of 6 August 2004, Users have the right to oppose the use of, and to access, correct and delete, any personal data about them that the Company obtains during their use of the Service. Users may exercise this right by sending an e-mail to the address specified on the Site from which the Application was downloaded or to the address specified on the relevant Site, or by writing to the following postal address: Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, [France].


The User is hereby informed that by entering his/her telephone number and/or e-mail address, he/she authorises the Company to send him/her offers for products and services it markets on its own behalf or through partner publishers. 

To unsubscribe from the special offers of the Company and its partners (received inter alia by e-mail), the User may write to the e-mail address above or click on the unsubscription link in the newsletter.

In addition, if the User does not wish to receive offers from the Company about its products and/or services, he/she may send the keyword ‘STOP’ to the short number specified in the advertising.


The personal data described above is reported to the French National Data Protection Authority under numbers 1627091v0, 1625178 v0 and 6534.


Cookies

Cookies are data files sent to a web browser and stored on the computer’s hard drive. They do not allow internet users who visit the Sites to be identified directly. However, they record information about the computer’s navigation on the Sites (pages visited, date and time of the visit, etc.), which the Sites can read during subsequent visits. The computer stores an identification code in the cookie. The cookie only stores the identification code in its memory, and no other personal information about the User.

Data collected using cookies enable inter alia improvement of the quality of the Sites to make them more attractive or functional and to facilitate navigation thereon. More specifically, localisation data collected using cookies enables personalised Services to be provided.

The length of time during which this information is stored on the User’s computer depends on the Site(s) visited. After a cookie has been stored on his/her computer, the User may receive, or see displayed, advertising for products and services offered by the Company, its partners or subsidiaries of the Digital Virgo Group. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.


The Company hereby informs the User that he/she may prevent cookies from being stored on his/her computer by configuring his/her web browser to inform him/her when cookies are sent to his/her computer. For example: 

 

For Mozilla Firefox:

  • •    Select the ‘Tools’ menu, then ‘Options’
  • •    Click on the ‘Privacy’ icon
  • •    Find the ‘Cookies’ menu and select the options appropriate for you

For Microsoft Internet Explorer:

  • •    Select the ‘Tools’ menu, then ‘Internet Options’
  • •    Click on the ‘Privacy’ tab
  • •    Select the level desired using the slider

For Opera 6.0 and higher:

  • •    Select ‘Files’ > ‘Preferences’ 
  • •    Privacy


If the User uses another web browser, he/she should review the software’s options for disabling cookies. In general, cookies can be disabled in the ‘Options’ menu of the software. For additional information, the User should study the assistance provided with his/her web browser.


However, if cookies are disabled, the User may no longer be able to (i) access certain areas of the Site or (ii) use certain Services. In addition, our partner’s cookies may be placed on the Site.


The User also acknowledges that during navigation of the mobile internet, certain mobile websites may store cookies on his/her mobile terminal. Similarly to the Sites, these cookies store information about the User’s navigation. The length of time during which this information is stored in the User’s mobile terminal depends on the mobile website visited. After a cookie has been stored on his/her mobile terminal, the User may receive, or see displayed, advertising for products and services offered by the Company. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.

The Company hereby informs the User that he/she may prevent cookies from being stored on his/her mobile terminal by configuring said mobile terminal appropriately. To do so, the User should go to his/her mobile terminal’s menu, tap the ‘Settings’ function and then delete cookies. This procedure is specific to each mobile terminal model.


Please note that, provided the User’s consent is obtained, the Company’s partners may also use cookies, to which the relevant partner’s privacy policy applies.


Claims

Claims made by the User against the Company may only concern events within the twelve months prior to the date said claims are received. Claims must be made in writing and sent:


- by post to the following address:

Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, France (no postage necessary)


- or by e-mail to the address provided on the relevant Site.


The Company shall not be required to consider claims sent to it by any other means.


To be valid, claims shall include at least the following information:

- the User’s complete contact details (first name and surname, postal address, e-mail address);

- the name of the Application downloaded and the Site from which the Application was downloaded;

- the nature of the claim;

- the User’s telephone number as entered into the Site or Application.


Disputes

These General Terms and Conditions shall be governed by French law. 


In the event of a dispute with respect to the interpretation, performance and/or validity of these General Terms and Conditions that cannot be resolved amicably, the legal principles concerning jurisdiction shall apply.  


DIGITAL VIRGO ENTERTAINMENT PRIVACY POLICY 

Updated in July the 1st 2014


INTRODUCTION


Digital Virgo Entertainment (‘DVE’ or the ‘Company’), a French société par actions simplifiée (SAS) (simplified joint stock company) with share capital of €497,040, registered in the Aix-en-Provence Trade and Companies Register under number 430 325 811, whose registered office is located at 350 Rue Denis Papin, – Parc de la Duranne – Domaine du Tourillon – 13100 Aix-en-Provence, France, EU VAT no. FR 80 430 325 811 (Telephone: 01 82 50 50 00 / Fax: 01 82 50 50 01) (Publishing Director: Guillaume Briche, Chief Executive Officer), respects your privacy. 

The purpose of this Privacy Policy is to inform users of one or more websites, mobile websites and/or applications published by DVE (hereinafter the ‘Sites’), in a complete and transparent manner, about the Company’s use of Personal Data. This Privacy Policy is incorporated into and governed by the General Terms and Conditions of the Sites.

By navigating on the Sites or using the services offered by the Company on the Sites (hereinafter the ‘Services’), you expressly consent to the use of your Personal Data in accordance with the uses and provisions set out herein. 

1.    Data controller 

All Personal Data that you provide us at the time that you register and when you navigate on our Sites and/or when you use our Services are managed by DVE and/or by a company of the Digital Virgo Group, of which the Company is a member. The processing of this Personal Data has been reported to the French National Data Protection Authority (CNIL) (nos. 1627091v0, 1625178 v0 and 6534). 

2.    Personal Data 

2.1.    Personal Data collected

Digital Virgo Entertainment publishes a range of Sites.

When you use any of our Sites (to register as a member and/or user for our free or fee-paying services), we may request that provide us with data that identify you personally.

 

Personal Data means all information that you provide us directly, in particular when your register on the Sites to open an account to access the Services or, indirectly, when navigating on the Site.

Personal Data collected on the Site are identification information that are recorded directly at the time a user registers to open an account, including, but not limited to, first name, surname, title, age, sex, date of birth, address, telephone number, e-mail address, internet access provider and telecommunications operator. Providing certain information may be optional. In all cases, we will request only those details that are strictly necessary for you to register on the Site and for the operation of the Site that you use. Whenever you provide us with Personal Data, we will handle it in accordance with the provisions of this Privacy Policy. 

Electronic identification data allow the user to be recognised indirectly when he/she logs on to the Site. Such data may include, for example, the user’s IP address or the pages visited on the Site. Such data is not Personal Data and cannot, by themselves, be used to identify the user. These anonymous data cannot be used to identify you and are generally grouped with your Personal Data. In general, we use these Site use data only for the purpose of providing you with better service and to personalise your experience on the Sites.

Localisation data, such as the user’s IP address or département (county) code, show the geographical location of the terminal the user uses to connect to the Site, and are collected using a cookie. These data enable the Company to provide the user with geographically personalised Services in relation with a specific location.

Accordingly, the Company may collect Personal Data when a user:

-    opens an account;

-    uses the Services;

-    sends a claim or a request for information; 

-    navigates on the Sites and cookies are stored on the hard drive of the user’s computer and/or on the user’s mobile terminal.

Without the user’s agreement, DVE will in no event obtain other information that enables personal identification of our users’ profiles.

2.2.    Personal Data provided by users

Each user is solely responsible for the data he/she provides.

The user agrees:

•    to provide accurate and complete identification information and to update such information regularly. If necessary, the user may update his/her identification information at any time.

•    to choose a user name (e-mail address) and a password that enable access to the Services.

•    not to use an e-mail address that infringes the rights of third parties and, more specifically, the laws on names, trademark rights, copyright or neighbouring rights or, more broadly, that is in breach of the laws in force, public policy or good morals. Otherwise, the Company reserves the right to refuse any names, terms, expressions, etc. that may be contrary to these principles, without having to state a reason therefor.

The user may decide to allow other users of the Services to view certain of his/her Personal Data. In such case, the user is recommended to provide only Personal Data that he/she is comfortable sharing, and we strongly advise users not to provide information that can be used to contact them.


2.3.    Personal data collected on users’ “Facebook” profile 

The Company receives Personal Data from the user’s “Facebook” profile such as his language, name, first name, birthday date, country, home town, e-mail address, etc. Moreover the Company has access to information of the user which is published on the social network “Facebook”. The Company can update and store these Personal Data on its servers.

3.    Data processing purposes 

We may use the Personal Data collected on the Site or on the social network “Facebook” in order to provide you with a more efficient use of the Services offered on the Site, as well as for marketing, promotional, research and analysis purposes. 

In all marketing or promotional communications that we may send you subsequently, we will offer you the possibility of withdrawing this consent and, therefore, not to receive such communications in the future.

Personal Data may be used for the following purposes:

• to register, maintain and authenticate the account;

• to provide the Services offered on the Site;

• to enable the user to take part in satisfaction surveys or games and contests offered on the Site;

• to enable the user to receive newsletters and sales offers from the Company, its subsidiaries or its partners, provided the user’s consent has been obtained;

• to enable the user to receive offers for products and services similar to the Service used;

• to compile anonymous statistics about Site use;

• to assess and improve the quality of the Services;

• to avoid any breach of the General Terms and Conditions of Use or Sale by the user or any party associated with him/her, and to reinforce security measures;

• to provide oversight for billing and accounting management for the Services;

• to comply with applicable statutes and regulations. 

We reserve the right to monitor your account and files in order to verify any complaint or allegation of wrongful use, violation of the rights of third parties or any other unauthorised use of the Site.

4.    Sharing of Personal Data with third parties 

Provided the user’s consent is obtained, the user’s Personal Data may be the subject of a data leasing contract between the Company and selected trusted commercial partners and/or the companies of the Digital Virgo Group. The commercial partners and/or the companies of the Digital Virgo Group may use Personal Data to offer the user content that may be of interest to him/her. Without the user’s consent, they may not share or sell your personal information to or with any party.

The user is hereby informed that the Company may provide Personal Data to:

-    its technical service providers (i) for the purpose of hosting said Personal Data and to register and maintain accounts, (ii) to assist in providing the Services and (iii) to manage the customer relationship. These technical service providers are required to keep Personal Data confidential, and may not use Personal Data for any purpose other than that for which the Company provides such Personal Data to them;

-    to authorised administrative authorities in the event of a breach of the General Terms and Conditions of Use or Sale of each Site or if disclosure of Personal Data is required by law;

-    the companies of the Digital Virgo Group;

-    the Company’s partners. 

We may also process your Personal Data to make them anonymous and group them with other data for the purpose of disclosing such grouped and anonymous data to our affiliates and/or business partners.

We may collect and process data about your computer, including, if necessary, your IP address, type of operating system and type of web browser, for system management purposes. This is statistical data about the navigation actions and habits of our users and cannot be used to identify individuals.

However, we may make a connection between IP addresses and Personal Data (such as a user’s country) and/or non-personal data (such as use records or the place from which a user accesses the Site) to ensure compliance with our General Terms and Conditions of Use or other user contracts and, if necessary, to prevent certain IP addresses from accessing all or part of the Site in the event of wrongful use by the corresponding user.

5.    Your rights to access, change and oppose use of your Personal Data 

In accordance with the laws in force, the user has a right to access, correct, delete and oppose the processing of his/her Personal Data. He/she may exercise this right by writing to: Service Client Libre Réponse 94119, 13629 Aix-en-Provence 1, [France], or by sending an e-mail to support@contactdve.com or to the e-mail specified on the relevant Site.

In order to be able to comply with his/her request, and in accordance with the laws in force, the user must include with his/her request a copy of any official identity document showing his/her first name, surname and date and place of birth and proving his/her identity. The user is required to update his/her identification information in the event his/her situation changes. 

In the event the user does not allow anymore the Company to access to his Personal data, he should uninstall the Company’s application available on the social network “Facebook”.

6.    Personal Data retention period

The Company retains Personal Data for the time necessary for the purposes described above in the section entitled ‘Data processing purposes’ and in accordance with the recommendations of the French National Data Protection Authority, i.e. for a period of three years from the end of the commercial relationship or, in the case of prospective customers, from the time the Personal Data is collected or from the last contact originated by the prospective customer.

7.    Data transfers outside the European Union

Data is transferred to recipients located outside the European Union for the purpose of managing (i) the provision of products and/or services and (ii) the customer relationship.

The Company has reported such data transfers outside the European Union to the French National Data Protection Authority, and such data transfers are governed by the standard contractual clauses approved by the European Commission.

8.    Protection of your Personal Data 

The Company applies all standard industry practices and implements strict security procedures to prevent any unauthorised access and comply with applicable Personal Data protection laws.

However, information transfers over the telecommunications networks are not entirely secure and, therefore, you acknowledge and accept that third parties may intercept the Personal Data you provide us, and that such transfers are at your own risk. After we receive your Personal Data, we will use strict security procedures and systems to endeavour to prevent any unauthorised access.

All personal information provided is stored on the secure servers of the Company or its technical service provider. 

The secure servers encode all Personal Data that are input before they are sent to the Company. The servers of our technical service provider are located in the European Union. The purpose of the password that enables the user to log on to his/her account and use certain Services is to protect his/her Personal Data. The user must keep this password confidential and must never share or disclose his/her password to anyone.

The user is responsible for any use of the Sites and associated Services by any person who uses his/her account user name and password. The user must contact the Company immediately if he/she has reason to believe that his/her account user name and password have been misappropriated. As a security precaution, the user is advised to close his/her account at the end of each session. 

You may at any time review and change the Personal Data we hold about you on the Site, or by contacting us by e-mail or by post.

9.    Cookies 

Cookies are data files sent to a web browser and stored on the computer’s hard drive. They do not allow internet users who visit the Site to be identified directly. However, they record information about the computer’s navigation on the Site (pages visited, date and time of the visit, etc.), which the Site can read during subsequent visits. The computer stores an identification code in the cookie. The cookie stores only the identification code in its memory, and no other personal information about the user.

Data collected using cookies enable inter alia improving the quality of the Site to make it more attractive or functional and to facilitate navigation thereon. More specifically, localisation data collected using cookies enables personalised Services to be provided.

The length of time during which this information is stored on the user’s computer depends on the Site(s) visited. After a cookie has been stored on his/her computer, the user may receive, or see displayed, advertising for products and services offered by the Company, its partners or subsidiaries of the Digital Virgo Group. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.

The Company hereby informs the user that he/she may prevent cookies from being stored on his/her computer by configuring his/her web browser to inform him/her when cookies are sent to his/her computer. For example: 

 

For Mozilla Firefox:

•    Select the ‘Tools’ menu, then ‘Options’

•    Click on the ‘Privacy’ icon

•    Find the ‘Cookies’ menu and select the options appropriate for you

For Microsoft Internet Explorer:

•    Select the ‘Tools’ menu, then ‘Internet Options’

•    Click on the ‘Privacy’ tab

•    Select the level desired using the slider

For Opera 6.0 and higher:

•    Select ‘Files’ > ‘Preferences’ 

•    Privacy

If the user uses another web browser, he/she should review the software’s options for disabling cookies. In general, cookies can be disabled in the ‘Options’ menu of the software. For additional information, the user should study the assistance provided with his/her web browser.

However, if cookies are disabled, the user may no longer be able to (i) access certain areas of the Site or (ii) use certain Services. In addition, our partner’s cookies may be placed on the Site.

The user also acknowledges that during navigation of the mobile internet, certain mobile websites may store cookies on his/her mobile terminal. Similarly to the Sites, these cookies store information about the User’s navigation. The length of time during which this information is stored in the user’s mobile terminal depends on the mobile website visited. After a cookie has been stored on his/her mobile terminal, the user may receive, or see displayed, advertising for products and services offered by the Company. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.

DVE hereby informs the user that he/she may prevent cookies from being stored on his/her mobile terminal by configuring said mobile terminal appropriately. To do so, the user should go to his/her mobile terminal’s menu, tap the ‘Settings’ function and then delete cookies. This procedure is specific to each mobile terminal model.

Please note that, provided the user’s consent is obtained, the Company’s partners may also use cookies, to which the relevant partner’s privacy policy applies.

10.    Other links

The Site may contain sponsored links that direct the user to the sites of other partners. The user is hereby informed that if he/she clicks on such links he/she will be directed to sites that have their own privacy policies. The Company declines all liability with respect thereto.

11.    Changes to the Privacy Policy 

We may at any time update this Privacy Policy or amend it in any other way. We will inform you of any changes made to our Privacy Policy by posting the amended version of the Privacy Policy on the Site. We encourage you to review the provisions of our Privacy Policy each time you visit our Sites.


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