1. Presentation of the website
Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the website clestra.com are informed of the identity of the various parties involved in its implementation and monitoring:
Owner: Clestra Hauserman – 1 Route du Docteur Albert Schweitzer CS 40309 – 67411 Illkirch-Graffenstaden France
Publication manager: Damien Lambert – firstname.lastname@example.org
2. General conditions of use of the site and the services offered
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site.
Use of the clestra.com site implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and users of the clestra.com site are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may be decided by clestra.com, which will endeavor to inform users of the dates and times of the intervention beforehand. The clestra.com website is regularly updated by clestra.com responsible. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to take note of them.
3. Description of the services provided
The purpose of the clestra.com website is to provide information concerning all of the company’s activities. clestra.com strives to provide information on the clestra.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information.
All information on the clestra.com website is given as an indication, and is likely to change. Furthermore, the information on the clestra.com site is not exhaustive. They are given subject to changes that have been made since they were put online.
4. Contractual limitations on technical data
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. Nevertheless, the Service Provider reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal.
clestra.com and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
clestra.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, notably the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorization of: clestra.com.
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability
clestra.com acts as the site’s publisher. clestra.com is responsible for the quality and veracity of the Content it publishes.
clestra.com cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the clestra.com website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
clestra.com cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the clestra.com site. Interactive spaces (possibility to ask questions in the contact area) are available to users. clestra.com reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, clestra.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).
7. Personal data management
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the person responsible for processing Personal Data is: Clestra. clestra.com is represented by Damien Lambert, its legal representative.
As the party responsible for processing the data it collects, clestra.com undertakes to comply with the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers with complete information on the processing of their personal data, once their consent has been collected, and to maintain a register of the processing in accordance with the reality. Whenever clestra. com processes Personal Data, clestra.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which clestra. com processes it.
7.2 Purpose of the data collected
clestra.com is likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on clestra.com: email address
- to conduct communication campaigns (sms, email): phone number, email address
clestra.com does not market your personal data, which is therefore only used by necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, clestra.com users have the following rights:
- right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of the Users’ data right of blocking or deletion of the Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or conservation is prohibited
- the right to withdraw consent at any time (Article 13-2c GDPR)
- the right to limit the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of User data (Article 21 RGPD)
- the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (article 20 RGPD)
- the right to define the fate of Users’ data after their death and to choose to whom clestra.com should communicate (or not) their data to a third party that they have previously designated
As soon as clestra.com becomes aware of a User’s death and in the absence of instructions from the User, clestra.com undertakes to destroy the User’s data, unless its retention proves necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how clestra. com uses their Personal Data, to ask to rectify them or to oppose their processing, the User may contact clestra. com in writing at the following address
1 Route du Docteur Albert Schweitzer
CS 40309 – 67411 Illkirch-Graffenstaden France
In this case, the User must indicate the Personal Data that he/she would like clestra.com to correct, update or delete, identifying him/herself 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 clestra. com by law, particularly with regard to the retention or archiving of documents. Finally, clestra.com users may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
clestra.com will not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognized as «non-adequate» by the European Commission without prior notice to the client. However, clestra. com remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
clestra.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 unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of clestra.com, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, clestra. com does not collect any «sensitive data».
The User’s Personal Data may be processed by clestra. com’s subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to clestra. com Users’ data are mainly our customer service agents.
8. Incident Notification
No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the clestra.com site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of clestra.com and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the clestra.com site.
To ensure the security and confidentiality of Personal Data and Personal Health Data, clestra.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, clestra.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The clestra.com site contains a number of hyperlinks to other sites, set up with the authorization of clestra.com. However, clestra.com does not have the possibility of verifying the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
Unless you choose to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
A «cookie» is a small information file sent to the User’s browser and stored within the User’s terminal (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 will not damage the User’s terminal in any way.
clestra.com is likely to process the User’s information concerning his or her visit to the Site, such as the pages consulted and the searches carried out. This information allows clestra.com to improve the content of the Site and the User’s browsing experience.
Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser to allow him to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his or her browser software so that acceptance or refusal of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his or her terminal. clestra.com informs the User that, in this case, it is possible that not all of the functionalities of their browser software will be available.
If the User refuses to accept the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Site may be limited. This could also be the case when clestra.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, clestra.com declines all responsibility for the consequences related to the degraded functioning of the Site and any services offered by clestra.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for clestra.com to record or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will show how the User can change his or her wishes regarding Cookies.
At any time, the User may choose to express and modify his or her wishes with regard to cookies. clestra.com may also call upon the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus on the clestra.com or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the Website or mobile application of clestra.com, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are only deposited on your terminals if you consent to them, by continuing your browsing on the clestra.com website or mobile application. At any time, the User may nevertheless revoke his/her consent to clestra.com depositing this type of cookie.
Article 9.2. INTERNET TAGS
clestra.com may occasionally employ web beacons (also known as «tags,» or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements that allow users to access the Site, and on the various pages of the Site.
This technology allows clestra.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 consulted), as well as the use of this Site by the User.
The external service provider may collect information about visitors to the Site and other Internet sites through these tags, compile reports on Site activity for clestra.com, 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 clestra.com site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Strasbourg.