Legal Notice

1. Presentation of the site.

Under Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the site accessible via the url https://octopize-md.com (hereinafter "the Site"), it provides information in connection with the company OCTOPIZE Mimethik Data and in particular the identity of the various stakeholders in the context of its realization and its monitoring :

Publisher:

OCTOPIZE Mimethik Data, a simplified joint stock company, with a capital of 230,000 euros, whose registered office is located at 49, rue Condorcet 44100 NANTES, registered in the NANTES Trade and Companies Register under the number 839 370 681.

Director of publication :

Olivier Breillacq, in his capacity as president of the company OCTOPIZE Mimethik Data - breillacq@octopize-md.com

Hosting :

Gandi.net

63-65 Boulevard Masséna, 75013 PARIS

Webmaster :

Gabrielle Crolard - crolard@octopize-md.com

2. General conditions of use of the site and the proposed services.

PREAMBLE

OCTOPIZE Mimethik Data, a simplified joint stock company, with a capital of 230,000 euros, whose registered office is located at 49, rue Condorcet 44100 NANTES, registered in the NANTES Trade and Companies Register under the number 839 370 681, represented by Olivier BREILLACQ in his capacity as President (hereinafter "the Company")

The Company publishes and operates the following website: https://octopize-md.com (hereinafter "the Website").

 

ARTICLE 1 - PURPOSE

The purpose of these General Terms of Use is to govern the terms and conditions of access and browsing on the Site and to determine the respective rights and obligations of the User (hereinafter "the User") and the Company.

Use of the Site is subject to consultation, acceptance and compliance with these General Conditions of Use, which are accessible at all times on the Site. The General Conditions of Use may be modified or completed at any time. The Users of the Site are therefore invited to consult them regularly.

 

ARTICLE 2 - DESCRIPTION OF SERVICES PROVIDED

The purpose of the Site is to provide information concerning all of the Company's activities.

All the information indicated on the Site is given as an indication and is not exhaustive. The information on the Site is subject to change and modification.

In this respect, the Company endeavours to provide information on the Site that is as accurate as possible.

However, the Company shall not be held responsible for omissions, inaccuracies and deficiencies in the information provided, whether caused by the Company or by third-party partners of the Company who provide this information.

 

ARTICLE 3 - ENTRY INTO FORCE - DURATION

The present General Terms of Use are applicable as soon as the User accesses the Site or any content present on it. They will remain in force until the User ceases to use the Site.

Consequently, the User accepts, fully and without any reserve, the whole of the present General Conditions of Use of the Site as soon as he/she accesses and uses the Site.

Warning: If the User does not agree with all or part of the above (and the following), he/she is strongly advised not to use the Site.

The stipulations of the General Conditions of Use which by their nature or their wording are intended to continue to apply after the cessation of the use of the Site for any reason whatsoever, namely in particular the stipulations of the articles "Liability", "Personal data" and "Intellectual property" will remain in force for the duration necessary for their purpose.

 

ARTICLE 4 - CONDITION OF ACCESS TO THE SITE

Access to the Site is free of charge, without registration or prior account creation.

The User of the Site undertakes to access the Site using recent equipment, free of viruses and with a last generation updated browser.

Any use and/or access to the Site must be done in compliance with these Terms of Use.

 

ARTICLE 5 - DESCRIPTION OF THE CONTENTS AND SERVICES MADE AVAILABLE VIA THE SITE

The purpose of the Website is to :

  • to present the Company's activity;
  • to publish articles, in particular on the subject of the methods of anonymization of sensitive data;
    publish links to partners.

The contents made available on the Website are provided for information purposes only and are subject to change.

Users are invited to inform the Company of any fraudulent use of the Site of which they are aware and in particular of any content that contravenes these GTUs or more generally the laws and regulations in force.

ARTICLE 6 - OBLIGATIONS / LIABILITY

6.1. Obligations and responsibilities of the Company

The Company is bound by a general obligation of means in the context of the provision of the Site and its contents to the User. In this respect, the Company implements the technical solutions at its disposal to allow, as far as possible, access to the Site 24 hours a day, 7 days a week.

The Company may nevertheless at any time suspend, limit, suspend or interrupt access to the Site and/or certain content in order to carry out updates, modifications of content or any other action deemed necessary for the proper functioning of the Site (in particular for maintenance or updating purposes), without the Company being held liable in this respect.

Maintenance interventions may be carried out without prior notice to Users.

In general, the Company cannot be held responsible in case of failure, breakdown, difficulty or interruption of operation preventing access to the Site and its contents.

The equipment used by the User to connect to the Website is under his entire responsibility. The User must take all appropriate measures to protect the equipment and his/her own data from viral attacks via the Internet.

In any case, the Company is not responsible:

In case of technical, computer or compatibility problems or failures of the Site with any hardware or software used by the User;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from access to the Site or use of the contents by the User, accessible via the Site;
Any loss or damage resulting directly or indirectly from the use of the Site by the User himself/herself, in particular through negligence, of the rules laid down by the Company in the GTU;.

Interactive areas are available to Users on the Site. The Company reserves the right to delete, without prior notice, any content disseminated in this space that would contravene the legislation applicable in France.

 

6.2. Obligations and responsibilities of the User

The User expressly undertakes :

  • to use the Site on his equipment exclusively for personal and non-commercial use;
  • to respect the intellectual property rights of the Company and, where applicable, its partners
  • to expressly renounce the use of software or devices likely to disrupt the proper functioning of the Site;
  • not to set up systems likely to pirate the Site and/or its contents in whole or in part, or likely to violate these GCU;
  • to inform the Company as soon as they become aware of any act of piracy and in particular of any illicit or non-contractual use of the Site and/or its contents, regardless of the method of distribution;

The User guarantees that the personal data communicated is accurate and complies with the regulations in force. In this respect, the Company declines all responsibility in the event of an error in the entry of contact information making it impossible to send an electronic message or to exchange information with the User.

Failure to comply with the obligations thus defined constitutes a serious breach of the User's obligations, which may incur liability.

 

ARTICLE 7 - INTELLECTUAL PROPERTY

The Company guarantees to hold all intellectual or industrial property rights on the content of the Site, in particular on the texts, images, graphics, logos, icons, sounds, software and are protected, for the whole world, by copyright, trademark law and, where applicable, by the law protecting the databases of which the Company and/or its partners are the producers.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, even partially, whatever the means or process used, is forbidden, except with the prior written authorization of the Company.

Only a right of use for private and non-commercial use, excluding any transfer of intellectual property rights of any kind, is granted to the User.

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 et seq. and L.716-4 of the Intellectual Property Code.

ARTICLE 8 - PERSONAL DATA

In the context of the use of the Site by the User, the Company acting as data controller, certifies to collect and process only personal data in accordance with Law No. 78-17 of January 6, 1978 known as the Data Protection Act and the General Data Protection Regulation 2016/679 of April 27, 2016 (hereinafter the "GDPR").

Personal data (hereinafter "Personal Data") of Users are collected when:

  • The User browses the Site;
  • The User contacts the Company and/or asks one or more questions in the interactive spaces provided for this purpose;
  • The User enters into a contractual relationship with the Company;
  • The User requests to receive the Company's newsletter.

In any case, the Company only collects personal information about the User for the purpose of certain services offered by the Site.

The User's Personal Data is processed for the purposes of :

  • Analysis of navigation on the Site (see Article Cookies of these General Conditions of Use);
  • Sending informative content, newsletters when the User communicates his/her email address for this purpose;
  • Management and execution of the contractual relationship when the User enters into a contractual relationship with the Company;

The Company keeps the Personal Data for the time necessary and proportionate to achieve the purposes for which they were collected and processed and in accordance with legal obligations.

When the User enters into a contractual relationship with the Company, the User's Personal Data is kept for the duration of the contractual relationship and for the applicable statute of limitations (5 years).

Personal Data related to accounting are kept for a period of 10 years in accordance with applicable legal and fiscal obligations.

Personal Data collected for commercial prospecting purposes are kept for a period of 3 years following the last contact with the person concerned.

The Personal Data are collected and processed by the Company and its staff and if necessary communicated to third parties, acting as subcontractors of the Company within the meaning of the RGPD for the needs of hosting, management of contacts, communication and management of the Site. In any event, subcontractors are subject to the same security obligations as the Company.

In this respect, when the Company uses the services of third-party service providers, the Company enters into contracts that require them to implement appropriate technical and organizational measures to protect the personal data that they may process on behalf of the Company.

No personal data is transferred outside the European Union.

In addition, the Company undertakes to put in place appropriate technical and organizational measures to ensure the protection of data and to allow Users to exercise their rights. In particular, the Company undertakes to take the necessary precautions to preserve the security and confidentiality of the data and, in particular, to prevent them from being distorted, damaged or communicated to unauthorized persons.

The User has, at any time, a right of access, a right to rectification, a right to deletion, a right to portability and a right to object to his Personal Data by sending an e-mail to the address: dpo@octopize-md.com

In the event of a complaint, the User may contact the CNIL, which is the competent authority for the protection of personal data, whose contact details are as follows: 3 Place de Fontenoy, 75007 Paris.

 

ARTICLE 9 - HYPERTEXT LINKS AND COOKIES

9.1 Hypertext links

The Site contains a number of hypertext links to other sites, set up with the authorization of third-party companies. However, the Company does not have the possibility of checking the content of the sites thus visited, and consequently will not assume any responsibility for the content published on these third-party sites.

9.2 Cookies

Browsing the Site may cause cookies to be installed on the User's computer. A cookie is a small file, which does not allow the identification of the User, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the Site, and is also intended to allow various measures of frequentation.

The types of cookies used on the Site are as follows:

  • Matomo cookies

The User is free to accept or refuse cookies on a per-purpose basis or to accept or refuse them globally. Users may give their prior consent to the deposit of certain cookies by the Site on their terminal via the banner provided for this purpose.

For users who would like to disable Matomo's cookie tracking:
- Use the shortcode [matomo_opt_out] to embed the exit iframe in your website.
You can also use these shortcode options:
- language - eg de or en. By default, the language is detected automatically based on the user's browser
- Example: [matomo_opt_out language=de]

Users may at any time modify their choices regarding the acceptance or refusal of cookies deposited on their terminal in the following manner
- In Internet Explorer: tool tab (pictogram in the shape of a cog in the upper right-hand corner) / internet options. The User must click on Privacy and choose Block all cookies. Validate on Ok.
- In Firefox: At the top of the browser window, the User must click on the Firefox button, then go to the Options tab. Click on the Privacy tab. The User must set the Retention Rules: use custom settings for history. Finally uncheck it to disable cookies.
- In Safari: the User must click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click on Show advanced settings. In the "Privacy" section, click on Content Settings. In the "Cookies" section, the User can block cookies.
- In Chrome: the User must click in the upper right corner of the browser on the menu icon (symbolized by three horizontal lines). Select Settings. Click on Show advanced settings. In the "Privacy" section, click on preferences. In the "Privacy" tab, the User can block cookies.

In any case, the setting of cookies is likely to modify the conditions of access to the Site and its features.

Cookies are only kept for the time necessary to achieve their purpose. Audience measurement cookies are kept for 13 months.

Insofar as some of the information collected through cookies constitutes personal data, the provisions of Article 7 "Personal Data" are intended to apply.

ARTICLE 10 - MISCELLANEOUS

10.1 Partial invalidity of a provision
If any clause or provision of these General Terms of Use is deemed illegal or invalid by a competent court, the invalidity of the clause shall not affect the validity of the other provisions of these General Terms of Use.

10.2 Complaints and contact

For any question or request for information relating to the Site of these General Conditions of Use, the User may contact the Company by the following means
- By email: contact@octopize-md.com
- By registered mail with acknowledgement of receipt to the address: 49, rue Condorcet 44100 NANTES

ARTICLE 10 - APPLICABLE LAW AND JURISDICTION

The use of the Site is subject to French law.

Any dispute, litigation or action relating to or originating from the conclusion, interpretation, execution or termination of these General Terms of Use shall be subject to an amicable solution.

In the absence of an amicable solution, within sixty (60) days from the notification of the dispute by one of the Parties, the dispute will be submitted to the exclusive jurisdiction of the courts of Nantes, and if necessary, the appeal courts of which this Court is part.