Legal notice

Definitions

Client : Any professional or competent natural person within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity which visits the Website that is the subject of these Terms & Conditions.
Benefits and Services: Optiboost makes available to its Clients:

Content: All the constituent pieces of information on the Website, including text, images and videos.

Client information: Hereinafter referred to as “Personal Data” which corresponds to all the personal data that may be held by Optiboost for managing a User’s account, customer relationship management or for analytical and statistical purposes.

User: Person who connects to the internet and visits the above-mentioned site.

Personal Data: “Information relating to an identified or identifiable individual” (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 in the General Data Protection Regulation (GDPR No. 2016-679)

1. Website Overview.

Under Article 6 of Law No. 2004-575 of 21 June 2004 for Trust in the Digital Economy, Users of the website Optiboost are informed of the identity of the various parties involved in its creation and maintenance:

Owner: SAS OPTIBOOST Social capital of €5,000; VAT Number: FR09891852725 – 102, rue du lac 31970 Labège, France
Publisher: Optiboost – gestion@optiboost.com
The publisher is a natural or legal person.
Webmaster: Optiboost – gestion@optiboost.com
Hosting company: Gandi – 63-65 Boulevard Masséna 75013 Paris +33(0)1 70 37 76 61
Data Protection Officer: Optiboost – gestion@optiboost.com

The Website constitutes Intellectual Property protected by the provisions of the French Intellectual Property Code and applicable International Regulations.
The Client may not in any way reuse, transfer or use for its own account all or any part of the Website.

By accessing and using the website Optiboost the User agree to be bound by the Terms & Conditions of use described below. These terms of use may be modified or supplemented at any time, so Optiboost Website Users should consult them regularly.

This website is generally accessible to Users at all times. However, Optiboost may decide to carry out technical maintenance. In this case, Optiboost will try to give Users prior notice of the dates and times of planned interventions.
The Optiboost website is regularly updated by the Optiboost manager. Similarly, this legal notice may be modified at any time. It is nevertheless legally binding on Users who should consult it as often as possible to make sure they are familiar with its contents.

3. Description of Services Provided.

The Optiboost website is intended to provide information about all the company’s activities.
Optiboost makes every effort to ensure that the information provided on Optiboost is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or shortcomings in updates, whether these are for reasons attributable to itself or to third parties who provide this information.

All the information on the Optiboost website is indicative only and is subject to change. In addition, the information on the Optiboost website is not exhaustive. It is provided subject to any changes that may have been made since it was published online.

4. Contractual Limitations on Technical Data.

The website uses JavaScript technology.

The website cannot be held responsible for material damage related to use of the site. Moreover, the User undertakes to access the site using a recent, virus-free device and the latest, updated browser.
The Optiboost website is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR No. 2016-679)

The objective is to provide a service that ensures the highest rate of accessibility. The hosting company ensures service continuity, 24/7, every day of the year. However, the Hosting Company reserves the right to interrupt hosting services for as short a period as possible, particularly for the purposes of maintenance, infrastructure improvements, infrastructure failures or if the Services generate traffic that is deemed abnormal.

Optiboost and the hosting company cannot be held responsible in the event of a malfunction of the internet network, telephone lines or computer and telephony equipment related to network congestion preventing access to the server.

5. Intellectual Property and Infringements.

Optiboost owns the intellectual property rights and holds the rights of use for the entirety of the Website’s elements, including texts, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication and/or adaptation of all, or part, of the Website’s content by any means or process whatsoever is strictly prohibited, unless the prior written authorisation of: Optiboost has been obtained.

Any unauthorised use of the Website or any of the elements it contains will be considered an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of Liability.

Optiboost acts as website publisher. Optiboost is responsible for the quality and accuracy of the Content it publishes.

Optiboost cannot be held liable for any direct or indirect damage caused to the User’s device when accessing the Optiboost website, as a result of using equipment that does not meet the specifications set out in Section 4, or due to a bug or incompatibility.

Optiboost cannot be held liable for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the Optiboost website.
Interactive forums (the ability to ask questions in the Contact section) are available to Users. Optiboost reserves the right to delete, without prior notice, any content entered in this section that contravenes the applicable French legislation, in particular the provisions relating to data protection. Where applicable, Optiboost also reserves the right to hold the User civilly and/or criminally liable, particularly in the event of messages of a racist, harmful, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).

7. Protection of Personal Data.

In France, personal data is protected by marketing communications regulations, Law of 21 June 2014 for Trust in the Digital Economy, the French Data Protection Act of 06 August 2004 and the General Data Protection Regulation (GDPR No. 2016-679).

7.1 Data Controllers

For Personal Data gathered as part of the process for creating a user account and browsing the Website, the Data Controller is: OPTIBOOST. Optiboost

As Data Controller for the data that it collects, Optiboost will comply with the legislation in force. The Data Controller is responsible for defining the purpose for the processing of personal data, ensuring clients and potential clients are fully informed about the processing of their data, starting with obtaining their consent, and maintaining a Record of Processing Activities.
Each time Optiboost processes Personal Data, Optiboost will take all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purpose for which Optiboost is processing it.

7.2 Purpose for Data Collection

Optiboost may process all or part of the data collected:

• To enable browsing on the Website and manage and track services ordered by the User: Website access and use, billing, order history, etc.
• To prevent and combat online fraud (spamming, hacking, etc.): electronic device used for browsing, IP address, password (hashed)
• To improve the browsing experience on the Website: data about access and use
• To conduct optional customer satisfaction surveys about Optiboost: email address
• To conduct marketing campaigns (text, e-mail): phone number, email address

Optiboost will not sell your personal data and will only use it as necessary or for statistical and analytical purposes.

7.3 Right of Access, Right to Rectification and Opposition

In accordance with the European Regulation in force, Optiboost Users have the following rights:

• The right of access (GDPR Article 15); the right to rectification (GDPR Article 16), up-to-date and complete Users’ data; the right to block or to erasure of Users’ personal data (GDPR Article 17), if it is incorrect, incomplete, ambiguous or out-of-date, or for which the collection, use, communication or retention is prohibited;
• The right to withdraw their consent at any time (GDPR Article 13-2c);
• The right to restrict the processing of Users’ data (GDPR Article 18);
• The right to object to processing of Users’ data (GDPR Article 21);
• The right to the portability of personal data that a User has provided, when the processing is carried on by automated means on the basis of their consent or of a contract (GDPR Article 20);
• The right to lay down guidelines for processing of Users’ data after their death and to choose to which previously designated third party Optiboost should disclose (or not disclose) this data.

As soon as Optiboost becomes aware of the death of a User, and in the absence of any instructions from that User, Optiboost will destroy their personal data, unless its retention is necessary for purposes of evidence or to comply with a legal obligation.

If a User wish to know how Optiboost processes their Personal Data, request rectification, or oppose processing, the User may contact Optiboost in writing at the following address:

OPTIBOOST – DPO, Optiboost
102, rue du lac 31970 Labège, France. In this case, the User must specify the Personal Data that they would like Optiboost to correct, update or erase, and must identify themselves specifically with proof of identity (identity card or passport).

Requests to erase Personal Data will be subject to the legal obligations imposed on Optiboost, including with regard to document retention and storage. Optiboost Users have the right to address any complaints about the processing of their Personal Data to the regulatory authorities, i.e. CNIL in France (https://www.cnil.fr/fr/plaintes).

7.4 Sharing of Personal Data with Third Parties

Optiboost will not process, host or transfer any Personal Data collected from its Clients to any country outside the European Union or recognised as “inadequate” by the European Union, without first informing the Client. Nevertheless, Optiboost remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR No. 2016-679).

Optiboost will take all necessary steps to preserve the security of Personal Data, including that such data will not be disclosed to unauthorised parties. However, if Optiboost becomes aware of an incident impacting the integrity or confidentiality of a Client’s Personal Data, it must inform the Client as soon as possible and communicate the corrective measures taken. Optiboost does not collect any “sensitive data”.

Users’ Personal Data may be processed by Optiboost’s subsidiaries and subcontractors (service providers) strictly for the purposes defined in this policy.

To the extent of their respective responsibilities and for the purposes described above, the people most likely have access to Optiboost Users’ data are mainly its customer service agents.

8. Incident Notification

Regardless of the efforts made, no method of communication over the internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security.
If we become aware of any security breach, we will notify the affected Users so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, at both national and European level. We will keep our clients fully informed of all matters pertaining to the security of their account and will provide them with all necessary information to help them comply with their own regulatory reporting requirements.

No Personal Data belonging to a Optiboost Users will be published, exchanged, transferred, ceded or sold to third parties, on any medium, without the User’s consent. Only the acquisition of Optiboost and its rights would allow the transfer of Users’ Personal Data to any eventual buyer, who would in turn be bound by the same obligation of retention and modification of the data with regard to Optiboost Website Users.

Security

To ensure the security and confidentiality of Personal Data and Health Data, Optiboost uses networks protected by standard features such as firewalls, pseudonymisation, encryption and password protection.

When processing Personal Data, Optiboost takes all reasonable measures to protect such data from loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, Cookies and Tags

The Optiboost website contains a number of hyperlinks to other websites, which have been created with Optiboost‘s permission. However, Optiboost cannot verify the content of the sites visited through these links and therefore assumes no responsibility for such content.

Unless a User chooses to disable cookies, the User agrees that the Website may use them. Users can disable these cookies free of charge at any time, using the disabling options provided, bearing in mind that this may restrict or prevent access to all or part of the Services on the Website.

9.1. “Cookies”

A “cookie” is a small information file placed on the User’s browser and stored in the User’s device (e.g. PC, smartphone), (hereinafter referred to as “Cookies”). This file contains information such as the name of the User’s domain, 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.

Optiboost may process information about the User’s visit to the Website, such as the pages viewed and the searches carried out. This information will enable Optiboost to improve the Content of the Website and the User experience.

Cookies facilitate browsing and/or the provision of services offered by the Website. Users may configure their browser to allow them to decide whether to accept cookies, so that they are stored in their devices or, on the other hand, to reject them, either automatically or depending on the originator. Users can configure their browser settings so that they are periodically offered the option of accepting or rejecting cookies before they are stored on their device. Optiboost advises Users that, in this case, some functionality may not be available.

If the User declines to accept Cookies on their device or browser, or if the User deletes cookies stored on their device, their browsing and experience of the Website may be impaired. This may also be the case when, due to technical incompatibility, Optiboost or one of its service providers cannot recognise 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.

Optiboost cannot be held liable for any consequences as a result of the reduced performance of the Website and any services offered by Optiboost, as a result of (i) the User’s rejection of Cookies (ii) Optiboost’s inability to save or access the Cookies required for their operation due to the User’s preferences. All browsers are configured differently for cookie management and User preferences. Users can find information to help them change their cookie preferences in their browser help menu.

Users can choose or change their cookie preferences at any time. In addition, Optiboost may engage the services of external service providers to assist in collecting and processing the information described in this section.

By clicking on the Twitter, Facebook, Linkedin or Google Plus icon on Optiboost’s website or mobile application (and if the User has accepted the storage of cookies by continuing to browse Optiboost’s website or mobile application), Twitter, Facebook, LinkedIn and Google Plus may also store cookies on the User’s devices (PC, tablet, mobile phone).

These types of cookies are only stored on Users’ devices if the User consents, by continuing to browse on Optiboost’s website or mobile application. At any time, the User can change their mind about their consent for Optiboost to place this type of cookie.

9.2. “Tags”

Optiboost may occasionally use “tags” (also called single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and may deploy these tags through a web analytics partner that may be located (and store the respective data, including the User’s IP address) in a foreign country.

These tags are placed on both the online advertisements that give internet users access to the Website, and on the various pages of the Website.

This technology allows Optiboost to assess visitors’ responses to the Website and the effectiveness of its operations (e.g. the number of times a page is opened and the information viewed), as well as the use of this Website by the User.

External service providers may collect information about visitors to the Website and other websites through these tags, may compile reports on the activity of the Website for Optiboost, and may provide other services relating to the use of this Website and the internet.

10. Applicable Law and Jurisdiction.

Any dispute relating to the use of the Optiboost website will be subject to French law.
Unless prohibited by law, the relevant courts of Toulouse will have exclusive jurisdiction.