Confidentiality Policy

Definitions

Customer: Any professional or natural person with legal capacity, within the meaning of Article 1123 of the French Civil Code, or legal entity, who visits the Website subject to these general terms and conditions.

Service and Services: o-byclaire.com provides to Customers;

Content: All elements that make up the information present on the Website, including text, images, and videos.

Customer Information: Hereinafter referred to as “Information,” meaning all personal data that may be held by o-byclaire.com 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, in any form whatsoever, directly or indirectly, identifies the natural persons to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n˚2016-679).

1. Presentation of the Website

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, the identity of the various parties involved in the creation and monitoring of the website o-byclaire.com is specified to its users:

Owner:

Self-employed – OFFENSTADT CLAIRE (O.BY.CLAIRE)

41 BOULEVARD DU ROI, 78000 VERSAILLES

Share capital of {Capital_Social_Entreprise}

SIREN: 941593113

VAT number (France): FR59941593113

Publication director: Claire Offenstadt – contact@o-byclaire.com

(The publication director may be a natural person or a legal entity)

Webmaster:

DIRUPT

9 Rue des Colonnes, 75002 Paris

SIREN: 800 409 823

VAT number (France): FR10800409823

Phone number : +33 (0)1 86 64 08 60

Email : contact@di-rupt.com

Hosting provider:

SHPV France – 18 allées du poète 01480 Savigneux

+33 (0)9 72 31 08 18

Data Protection Officer : Desplats Philippe – Philippe@dirupt.com

2. General Terms of Use of the Website and the Services Provided

The Website constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable International Regulations. The Client may not, in any way, reuse, transfer, or exploit for their own benefit all or part of the elements or work contained on the Website.

Use of the website o-byclaire.com implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, and users of the o-byclaire.com website are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by the administrators of o-byclaire.com, who will make every effort to inform users in advance of the dates and times of the intervention. The o-byclaire.com website is updated regularly by the administrator and webmasters. Likewise, the legal notices may be modified at any time; however, they are binding on the user, who is invited to refer to them as often as possible to be informed of their content.

3. Description of Services Provided

The website o-byclaire.com aims to provide information about all the company’s activities. OFFENSTADT CLAIRE (O.BY.CLAIRE) strives to provide information on the o-byclaire.com website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies, or failures to update, whether caused by itself or by third-party partners who provide such information.

All information provided on the o-byclaire.com website is given for information purposes only and is subject to change. Furthermore, the details appearing on the o-byclaire.com website are not exhaustive and are provided subject to any modifications that may have been made since they were put online.

4. Contractual Limitations on Technical Data

The site uses JavaScript technology. The website cannot be held responsible for any material damage resulting from the use of the site. Furthermore, the user of the site agrees to access it using recent equipment, free of viruses, and with an up-to-date, latest-generation browser.
The o-byclaire.com website is hosted by a provider located within 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 possible accessibility rate. The hosting provider 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 purposes, improvements to its infrastructure, infrastructure failures, or if the Services generate traffic deemed abnormal.

Neither o-byclaire.com nor the hosting provider can be held responsible in the event of an Internet network failure, telephone line issues, or computer and telephone equipment problems, particularly if caused by network congestion preventing access to the server.

5. Intellectual Property and Counterfeiting

o-byclaire.com owns the intellectual property rights and holds the usage rights for all elements accessible on the website, including text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without prior written authorization from OFFENSTADT CLAIRE (O.BY.CLAIRE) and its representatives.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting 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

OFFENSTADT CLAIRE (O.BY.CLAIRE) acts as the publisher of the site and is responsible for the quality and accuracy of the Content it publishes.

OFFENSTADT CLAIRE (O.BY.CLAIRE) cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the o-byclaire.com website, 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.

o-byclaire.com shall also not be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the o-byclaire.com website.
Interactive areas (possibility to ask questions in the contact section) are available to users. o-byclaire.com reserves the right to remove, without prior notice, any content posted in this space that would contravene the applicable laws in France, particularly those relating to data protection. Where applicable, o-byclaire.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages 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 of the regulations concerning marketing communications, the Law of June 21, 2014 on Confidence in the Digital Economy, the French Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Data Collection Controllers

For Personal Data collected as part of creating the User’s personal account and browsing the Site, the controller of the Personal Data is: Desplats Philippe. o-byclaire.com is represented by Claire Offenstadt, its legal representative.

As the controller of the data it collects, o-byclaire.com undertakes to comply with the framework of applicable legal provisions. It is notably the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and clients—with their consent—complete information on the processing of their personal data, and to maintain a processing register reflecting reality. Whenever o-byclaire.com processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which o-byclaire.com processes them.

7.2 Purpose of the Data Collected

o-byclaire.com may process all or part of the data for the following purposes:

• To enable navigation on the Site and the management and traceability of services and orders requested by the user: connection and Site usage data, invoicing, order history, etc.
• To prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed).
• To improve browsing on the Site: connection and usage data.
• To conduct optional satisfaction surveys on o-byclaire.com: email address.
• To carry out communication campaigns (SMS, email): telephone number, email address.

o-byclaire.com does not sell your personal data, which are 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 o-byclaire.com have the following rights:

• Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completion of Users’ data, and right to block or erase Users’ personal data (Article 17 GDPR) when they are inaccurate, incomplete, ambiguous, outdated, or when their collection, use, communication, or storage is prohibited.

• Right to withdraw consent at any time (Article 13-2c GDPR)

• Right to restrict the processing of Users’ data (Article 18 GDPR)

• Right to object to the processing of Users’ data (Article 21 GDPR)

• Right to the portability of data that Users have provided, when this data is subject to automated processing 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 whether or not o-byclaire.com should communicate their data to a third party previously designated by them.

As soon as o-byclaire.com becomes aware of a User’s death, and in the absence of instructions from them, o-byclaire.com undertakes to destroy their data, unless their retention is necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how o-byclaire.com uses their Personal Data, request rectification, or object to its processing, the User may contact o-byclaire.com in writing at the following address:

OFFENSTADT CLAIRE (O.BY.CLAIRE) – Offenstadt Claire

{Mail_Entreprise}

41 BOULEVARD DU ROI, 78000 VERSAILLES

In such cases, the User must specify the Personal Data they would like o-byclaire.com to correct, update, or delete, by clearly identifying themselves with a copy of an identity document (identity card or passport).

Les demandes de suppression de Données Personnelles seront soumises aux obligations qui sont imposées à o-byclaire.com par la loi, notamment en matière de conservation ou d’archivage des documents. Enfin, les Utilisateurs de o-byclaire.com peuvent déposer une réclamation auprès des autorités de contrôle, et notamment de la CNIL ( https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of Personal Data

o-byclaire.com undertakes not to process, host, or transfer the Information collected from its Clients to any country outside the European Union or recognized as “non-adequate” by the European Commission without first informing the Client. However, o-byclaire.com remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR). GDPR : n°2016-679).

o-byclaire.com undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information comes to the attention of o-byclaire.com, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, o-byclaire.com does not collect any “sensitive data.”

The User’s Personal Data may be processed by subsidiaries of o-byclaire.com and subcontractors (service providers) solely for the purposes outlined in this policy.

Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of o-byclaire.com Users are primarily the agents of our customer service department.

8. Incident Notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relevant to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.

No personal information of the user of the o-byclaire.com website is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. The only possible scenario for the transfer of such information would be the acquisition of o-byclaire.com and its rights, in which case the potential buyer would be subject to the same obligation to retain and modify data with respect to the user of the o-byclaire.com website.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, o-byclaire.com uses protected networks with standard security measures such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, o-byclaire.com takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links, cookies and Internet tags

The o-byclaire.com website contains a number of hyperlinks to other websites, set up with the authorization of o-byclaire.com. However, o-byclaire.com has no control over the content of the sites visited in this way and consequently assumes no responsibility for them.

Unless you choose to disable cookies, you agree that the site may use them. You may disable these cookies at any time, free of charge, using the opt-out options available to you as described below; however, doing so may reduce or prevent access to all or part of the Services offered by the site.

9.1 Cookies

A “cookie” is a small information file sent to the User’s browser and stored on the User’s device (e.g., computer, smartphone) (hereinafter referred to as “Cookies”). This file contains information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies cannot in any way damage the User’s device.

o-byclaire.com may process the User’s information concerning their visit to the Site, such as the pages viewed and searches performed. This information allows o-byclaire.com to improve the content of the Site and the User’s browsing experience.

As Cookies facilitate navigation and/or the provision of the services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that Cookies are stored in the device or, conversely, rejected either systematically or depending on their issuer. The User may also configure their browser so that the acceptance or refusal of Cookies is offered on a case-by-case basis before a Cookie is likely to be stored on their device. o-byclaire.com informs the User that, in this case, some features of their browser software may not be available.

If the User refuses the storage of Cookies on their device or browser, or if the User deletes those already stored, the User is informed that their browsing and experience on the Site may be limited. This may also be the case if o-byclaire.com 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.

In such cases, o-byclaire.com declines all responsibility for any consequences related to the degraded functioning of the Site and any services that may be offered by o-byclaire.com, resulting from (i) the User’s refusal of Cookies or (ii) the inability of o-byclaire.com to store or consult the Cookies necessary for their operation due to the User’s choice.
For managing Cookies and the User’s preferences, the configuration of each browser is different. It is described in the browser’s help menu, which will explain how the User can modify their cookie preferences.

The User may choose to express or modify their cookie preferences at any time.
o-byclaire.com may also use the services of external providers to help collect and process the information described in this section.

Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn, and Google Plus appearing on the o-byclaire.com website or in its mobile application—and if the User has accepted the placement of cookies by continuing to browse the website or mobile application—Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies will only be placed on your devices if you consent, by continuing to browse the o-byclaire.com website or mobile application. The User may withdraw their consent for o-byclaire.com to place these types of cookies at any time.

9.2. Internet Tags

o-byclaire.com may occasionally use web beacons (also known as “tags,” action tags, single-pixel GIFs, clear GIFs, invisible GIFs, or 1×1 GIFs) and deploy them through a web analytics partner that may be located (and therefore store related information, including the User’s IP address) in a foreign country.

These beacons are placed both in online advertisements allowing internet users to access the Site and on various pages of the Site itself.

This technology enables o-byclaire.com to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User’s usage of the Site.

The external service provider may collect information about visitors to the Site and other websites through these beacons, compile reports on the Site’s activity for o-byclaire.com, and provide other services related to the use of the Site and the Internet.

10. Governing Law and Jurisdiction

Any dispute related to the use of the o-byclaire.com website is subject to French law. Except where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Versailles.