Legal notice

Definitions


Customer: any professional or natural person with legal capacity within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site covered by these general terms.

Services: BENOIT HERICHI LE BRIS makes available to Customers:


Content: All the elements making up the information present on the Site, in particular texts – images – videos.


Customer information: Hereinafter referred to as "Information", which corresponds to all the personal data that may be held by BENOIT HERICHI LE BRIS for the management of your account, the management of the customer relationship and for analysis and statistical purposes.


User: Internet user connecting to and using the aforementioned site.


Personal information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of Law no. 78-17 of 6 January 1978).


The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning 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 21 June 2004 on confidence in the digital economy, users of the website https://kinessia.com are informed of the identity of the various parties involved in its creation and monitoring:


Owner: KINESSIA, published by BENOIT HERICHI LE BRIS – 47 RUE VIVIENNE 75002 PARIS – +33 6 35 30 49 15
Siret number: 10276456000011

Publication manager: Benoit Herichi-Le Bris – contact@kinessia.com. The publication manager is a natural person.

Webmaster: Benoit Herichi-Le Bris – contact@kinessia.com

Data protection officer: Benoit Herichi-Le Bris – contact@kinessia.com


Host: Shopify Inc. Address: 151 O'Connor Street Ground Floor, Ottawa, Ontario, K2P 2L8, Canada. Telephone: 1-888-746-7439


2. General terms of use of the site and the services offered.


The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.


Use of the site https://kinessia.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; users of the site https://kinessia.com are therefore invited to consult them regularly.


This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by BENOIT HERICHI LE BRIS, who will then endeavour to inform users in advance of the dates and times of the intervention. The website https://kinessia.com is updated regularly by BENOIT HERICHI LE BRIS, the person in charge. Likewise, the legal notice may be modified at any time: it nevertheless binds the user, who is invited to refer to it as often as possible in order to be aware of it.


3. Description of the services provided.


The purpose of the website https://kinessia.com/ is to provide information about all the company's activities. BENOIT HERICHI LE BRIS endeavours to provide information on the site https://kinessia.com that is as accurate as possible. However, he cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether caused by him or by third-party partners who provide him with this information.


All the information given on the site https://kinessia.com is provided for guidance and is subject to change. Furthermore, the information on the site https://kinessia.com is not exhaustive. It is given subject to changes made since it was put online.


4. Contractual limitations on technical data.


The site uses JavaScript technology. The website cannot be held responsible for material damage related to use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and an up-to-date, latest-generation browser. The site https://kinessia.com is hosted by Shopify Inc.; where data is processed outside the European Union, these transfers are governed by the safeguards provided for by the General Data Protection Regulation (GDPR: no. 2016-679).


The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services generate traffic deemed abnormal.


BENOIT HERICHI LE BRIS and the host cannot be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.


5. Intellectual property and counterfeiting.


BENOIT HERICHI LE BRIS holds the rights of use over all the elements accessible on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorisation of BENOIT HERICHI LE BRIS.


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


6. Limitations of liability.


BENOIT HERICHI LE BRIS acts as publisher of the site. BENOIT HERICHI LE BRIS is responsible for the quality and truthfulness of the content he publishes.


BENOIT HERICHI LE BRIS cannot be held liable for direct and indirect damage caused to the user's equipment when accessing the website https://kinessia.com, 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.


BENOIT HERICHI LE BRIS also cannot be held liable for indirect damage (such as, for example, loss of market or loss of opportunity) resulting from use of the site https://kinessia.com. Interactive areas (the possibility of asking questions in the contact area) are available to users. BENOIT HERICHI LE BRIS reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, BENOIT HERICHI LE BRIS also reserves the right to invoke the civil and/or criminal liability of the user, in particular in the event of racist, insulting, defamatory or pornographic messages, whatever the medium used (text, photograph, etc.).


7. Management of personal data.


The Customer is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on confidence in the Digital Economy, the Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: no. 2016-679).


7.1 Persons responsible for collecting personal data


For the Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of the Personal Data is: BENOIT HERICHI LE BRIS. KINESSIA is represented by BENOIT HERICHI LE BRIS, its legal representative.


As controller of the data he collects, BENOIT HERICHI LE BRIS undertakes to comply with the framework of the legal provisions in force. In particular, it is his responsibility to establish the purposes of his data processing, to provide his prospects and customers, on the basis of the collection of their consent, with complete information on the processing of their personal data and to maintain a register of processing that reflects reality. Whenever BENOIT HERICHI LE BRIS processes Personal Data, BENOIT HERICHI LE BRIS takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which BENOIT HERICHI LE BRIS processes it.


7.2 Purpose of the data collected


BENOIT HERICHI LE BRIS may process all or part of the data:


  • to enable browsing on the Site and the management and traceability of the services ordered by the user: connection and usage data of the Site, invoicing, order history, etc.

  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)

  • to improve browsing on the Site: connection and usage data

  • to conduct optional satisfaction surveys on https://kinessia.com: e-mail address

  • to conduct communication campaigns (SMS, e-mail): telephone number, e-mail address


BENOIT HERICHI LE BRIS does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.


7.3 Right of access, rectification and objection


In accordance with the European regulations in force, Users of https://kinessia.com have the following rights:


right of access (article 15 GDPR) and rectification (article 16 GDPR), updating and completion of Users' data; right to block or erase Users' personal data (article 17 GDPR), when it is inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is prohibited


  • right to withdraw consent at any time (article 13-2c GDPR)

  • right to restriction of processing of Users' data (article 18 GDPR)

  • right to object to the processing of Users' data (article 21 GDPR)

  • right to portability of the data that Users have provided, where this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)

  • right to decide what happens to Users' data after their death and to choose to whom BENOIT HERICHI LE BRIS should (or should not) communicate their data, to a third party they have previously designated


As soon as BENOIT HERICHI LE BRIS becomes aware of the death of a User and in the absence of instructions from them, BENOIT HERICHI LE BRIS undertakes to destroy their data, unless its retention proves necessary for evidentiary purposes or to comply with a legal obligation.


If the User wishes to know how BENOIT HERICHI LE BRIS uses their Personal Data, to request its rectification or to object to its processing, the User may contact https://kinessia.com in writing at the following address:


Benoit Herichi-Le Bris
47 RUE VIVIENNE 75002 PARIS


In this case, the User must indicate the Personal Data they would like https://kinessia.com to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).


Requests for deletion of Personal Data will be subject to the obligations imposed on BENOIT HERICHI LE BRIS by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://kinessia.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).


7.4 Non-disclosure of personal data


BENOIT HERICHI LE BRIS refrains from processing, hosting or transferring the Information collected on his Customers to a country located outside the European Union or recognised as "not adequate" by the European Commission without informing the customer beforehand. However, BENOIT HERICHI LE BRIS remains free to choose his technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).


BENOIT HERICHI LE BRIS undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of BENOIT HERICHI LE BRIS, he must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, BENOIT HERICHI LE BRIS does not collect any "sensitive data".


The User's Personal Data may be processed by subcontractors (service providers) of BENOIT HERICHI LE BRIS, exclusively in order to achieve the purposes of this policy.


Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to the data of Users of https://kinessia.com are mainly the agents of our customer service.


8. Incident notification


Whatever the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we were to become aware of a security breach, we would notify the users concerned so that they could take the appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to fully inform our customers of all matters relating to the security of their account and to provide 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://kinessia.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the acquisition of KINESSIA and its rights would allow the transmission of the said information to the potential acquirer, who would in turn be bound by the same obligation to store and modify the data with regard to the user of the site https://kinessia.com.


Security


To ensure the security and confidentiality of Personal Data, https://kinessia.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.


When processing Personal Data, BENOIT HERICHI LE BRIS takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.


9. Hypertext links, "cookies" and Internet tags


The site https://kinessia.com contains a number of hypertext links to other sites, set up with the authorisation of BENOIT HERICHI LE BRIS. However, BENOIT HERICHI LE BRIS has no way of checking the content of the sites thus visited, and will therefore assume no responsibility for this.


Unless you decide to disable cookies, you accept that the site may use them. You may at any time disable these cookies free of charge using the deactivation options offered to you and recalled below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. "COOKIES"


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


BENOIT HERICHI LE BRIS may process the User's information concerning their visit to the Site, such as the pages viewed and the searches performed. This information allows BENOIT HERICHI LE BRIS to improve the content of the Site and the user's browsing.


As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User may configure their browser to allow them to decide whether or not to accept them, so that Cookies are stored on the device or, on the contrary, rejected, either systematically or according to their issuer. The user may also configure their browser software so that acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie is likely to be stored on their device. BENOIT HERICHI LE BRIS informs the User that, in this case, not all the features of their browser software may be available.


If the User refuses to allow Cookies to be stored on their device or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when BENOIT HERICHI LE BRIS or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.


Where applicable, BENOIT HERICHI LE BRIS declines all responsibility for the consequences of degraded operation of the Site and of the services possibly offered by https://kinessia.com, resulting (i) from the User's refusal of Cookies (ii) from the impossibility for BENOIT HERICHI LE BRIS to store or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will tell the User how to change their Cookie preferences.


At any time, the User may choose to express and modify their Cookie preferences. BENOIT HERICHI LE BRIS may also use the services of external providers to help collect and process the information described in this section.


Finally, if social network sharing buttons appear on the Site https://kinessia.com and the User has accepted the placing of cookies, the social networks concerned may also place cookies on your devices (computer, tablet, mobile phone).


These types of cookies are only placed on your devices if you consent to them. At any time, the User may nevertheless withdraw their consent to BENOIT HERICHI LE BRIS placing this type of cookie.


Article 9.2. INTERNET TAGS


BENOIT HERICHI LE BRIS may occasionally use Internet tags (also called "tags", or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist web analytics partner that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.


These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.


This technology allows BENOIT HERICHI LE BRIS 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 consulted), as well as the User's use of this Site.


The external provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for BENOIT HERICHI LE BRIS, and provide other services relating to the use of the Site and the Internet.


10. Applicable law and jurisdiction.


Any dispute relating to the use of the site https://kinessia.com is subject to French law. Except where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Paris.