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 any legal entity, visiting the Site covered by these terms and conditions.
Services: www.daft-web.fr offers its Customers website creation, SEO content writing, content integration and drone photography and video.

Content: all the elements making up the information on the Site, in particular text, images and videos.

Customer information: hereinafter “Information”, meaning all the personal data that www.daft-web.fr may hold to manage its customer relationships and for analysis and statistical purposes.

User: any internet user who connects to or uses the above-mentioned site.

Personal information: “information which, in any form whatsoever, directly or indirectly, allows the identification of the natural persons to whom it relates” (article 4 of French law no. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning given to them by the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).

1. Introducing the website

Pursuant to article 6 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of www.daft-web.fr are informed of the identity of the parties involved in its creation and management:

Owner: micro-entreprise Maxime Derue – 44 rue des Tilleuls, 42000 Saint-Étienne, France

Publication manager: Maxime Derue – maxime[@]daft-web.fr
The publication manager may be a natural or legal person.
Webmaster: Maxime Derue – maxime[@]daft-web.fr
Host: Kinsta Inc. – 8605 Santa Monica Blvd #92581, West Hollywood, CA 90069, United States – kinsta.com
Data protection officer: Maxime Derue – maxime[@]daft-web.fr

2. Terms of use of the site and of the services offered

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

Using www.daft-web.fr implies full acceptance of the terms of use described below. These terms may be amended or supplemented at any time, so users of www.daft-web.fr are invited to consult them regularly.

This website is normally accessible to users at all times. www.daft-web.fr may, however, decide to interrupt it for technical maintenance, and will then try to inform users of the date and time of the intervention in advance.
www.daft-web.fr is updated regularly by its manager. Likewise, this legal notice may be amended at any time; it remains binding on users, who are invited to refer to it as often as possible.

3. Description of services

The purpose of www.daft-web.fr is to provide information about all of the business’s activities.
www.daft-web.fr strives to provide information that is as accurate as possible. It cannot, however, be held responsible for omissions, inaccuracies or failures to update, whether caused by itself or by the third-party partners who provide it with this information.

All information on www.daft-web.fr is given for guidance only and may change. Furthermore, the information on www.daft-web.fr is not exhaustive. It is provided subject to any changes made since it was published.

4. Contractual limitations on technical data

The site uses JavaScript.

The website cannot be held liable for material damage linked to its use. Users also undertake to access the site using recent equipment that contains no viruses and an up-to-date, latest-generation browser.
www.daft-web.fr is hosted by Kinsta Inc. on Google Cloud Platform infrastructure, in accordance with the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).

The aim is to provide a service with the best possible availability. The host ensures continuity of 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, to improve its infrastructure, in the event of an infrastructure failure, or if the Services generate traffic deemed abnormal.

www.daft-web.fr and the host cannot be held liable for any malfunction of the internet network, telephone lines or computer and telephone equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and infringement

www.daft-web.fr owns the intellectual property rights and holds the rights of use for all 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 site’s elements, by any means or process, is prohibited without the prior written permission of www.daft-web.fr.

Any unauthorised use of the site or of any of its elements will be considered an infringement and prosecuted under articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitation of liability

www.daft-web.fr acts as publisher of the site. www.daft-web.fr is responsible for the quality and accuracy of the Content it publishes.

www.daft-web.fr cannot be held liable for direct or indirect damage to the user’s equipment when accessing www.daft-web.fr, resulting either from the use of equipment that does not meet the specifications in section 4, or from a bug or incompatibility.

www.daft-web.fr cannot be held liable either for indirect damage (such as loss of business or loss of opportunity) resulting from the use of www.daft-web.fr.
Interactive areas (the possibility of asking questions via the contact page) are available to users. www.daft-web.fr reserves the right to delete, without prior notice, any content posted in these areas that breaches French law, in particular the provisions on data protection. Where applicable, www.daft-web.fr also reserves the right to hold the user civilly and/or criminally liable, in particular for racist, abusive, defamatory or pornographic messages, whatever the medium (text, photograph, etc.).

7. Personal data management

The Customer is informed of the regulations on marketing communications, the French law of 21 June 2004 on confidence in the digital economy, the French Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).

7.1 Controller of personal data

For Personal Data collected through the contact and quote forms and while the User browses the Site, the data controller is www.daft-web.fr, represented by Maxime Derue, its legal representative.

As controller of the data it collects, www.daft-web.fr undertakes to comply with the applicable legal framework. In particular, it is responsible for defining the purposes of its processing, for giving its prospects and customers, once their consent has been obtained, complete information on how their personal data is processed, and for keeping an accurate record of processing activities.
Whenever www.daft-web.fr processes Personal Data, it takes all reasonable steps to ensure that the data is accurate and relevant to the purposes for which it is processed.

7.2 Purposes of the data collected

www.daft-web.fr may process all or part of the data:

• to answer requests sent through the contact and quote forms and to follow up on services: name, email address, phone number, project information;
• to manage customer relationships and invoice services: contact and billing details;
• to prevent and fight spam and computer fraud (Google reCAPTCHA): IP address, technical browsing data;
• to measure audience and improve navigation on the Site: connection and usage data.

www.daft-web.fr does not sell your personal data, which is used only where necessary or for statistical and analysis purposes.

7.3 Right of access, rectification and objection

In accordance with applicable European regulations, users of www.daft-web.fr have the following rights:

• right of access (article 15 GDPR) and rectification (article 16 GDPR), right to update and complete their data, right to block or erase their personal data (article 17 GDPR) where it is inaccurate, incomplete, ambiguous or out of date, or where its collection, use, disclosure or storage is prohibited;
• right to withdraw consent at any time (article 13-2c GDPR);
• right to restrict the processing of their data (article 18 GDPR);
• right to object to the processing of their data (article 21 GDPR);
• right to the portability of the data they have provided, where this data is processed automatically on the basis of their consent or a contract (article 20 GDPR);
• right to decide what happens to their data after their death and to choose whether www.daft-web.fr should pass it on to a third party they have designated.

As soon as www.daft-web.fr learns of a User’s death, and in the absence of instructions from them, www.daft-web.fr undertakes to destroy their data, unless it must be kept as evidence or to meet a legal obligation.

If Users want to know how www.daft-web.fr uses their Personal Data, ask for it to be corrected or object to its processing, they can contact www.daft-web.fr in writing at:

Maxime Derue – DPO
44 rue des Tilleuls, 42000 Saint-Étienne, France
or by email: maxime[@]daft-web.fr

Users must then state which Personal Data they want www.daft-web.fr to correct, update or delete, and identify themselves precisely. If there is reasonable doubt about their identity, proof of identity may be requested.

Requests to delete Personal Data are subject to the obligations imposed on www.daft-web.fr by law, in particular regarding the retention or archiving of documents. Finally, users of www.daft-web.fr 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

www.daft-web.fr will not process, host or transfer the Information collected about its Customers to a country outside the European Union, or recognised as “not adequate” by the European Commission, without appropriate safeguards. Some technical providers (website hosting, Google services) may process data outside the European Union; these transfers are then covered by the safeguards provided for by the GDPR (adequacy decision or the European Commission’s standard contractual clauses). www.daft-web.fr nevertheless remains free to choose its technical and commercial processors, provided they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).

www.daft-web.fr undertakes to take all necessary precautions to keep the Information secure and, in particular, to ensure that it is not disclosed to unauthorised persons. However, if www.daft-web.fr becomes aware of an incident affecting the integrity or confidentiality of the Customer’s Information, it will inform the Customer as soon as possible and tell them what corrective measures have been taken. Furthermore, www.daft-web.fr does not collect any “sensitive data”.

Users’ Personal Data may be processed by processors (service providers), solely to achieve the purposes of this policy.

Within the limits of their respective roles and for the purposes stated above, the main people who may have access to the data of www.daft-web.fr users are Maxime and Marielle, who make up the Daft studio.

8. Incident notification

Whatever efforts are 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 became aware of a security breach, we would notify the users concerned so that they could take appropriate action. Our incident notification procedures take into account our legal obligations at national and European level. We undertake to keep our customers fully informed of all matters relating to the security of their data and to give them all the information they need to meet their own regulatory reporting obligations.

No personal information about users of www.daft-web.fr is published without their knowledge, exchanged, transferred, assigned or sold to third parties on any medium. Only the takeover of www.daft-web.fr and its rights would allow this information to be passed on to the potential buyer, who would in turn be bound by the same obligations to retain and modify data with regard to users of www.daft-web.fr.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, www.daft-web.fr uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, www.daft-web.fr takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, cookies and internet tags

www.daft-web.fr contains a number of hyperlinks to other sites, set up with the permission of www.daft-web.fr. However, www.daft-web.fr cannot check the content of the sites visited in this way and therefore accepts no liability for it.

Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge using the options available to you and described 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 contains information such as the User’s domain name, internet service provider, operating system, and the date and time of access. Cookies cannot damage the User’s device in any way.

www.daft-web.fr may process information about the User’s visit to the Site, such as the pages viewed and searches made. This information allows www.daft-web.fr to improve the Site’s content and the User’s browsing experience.

As Cookies make browsing and/or the provision of the Site’s services easier, Users can set their browser to let them decide whether to accept them, so that Cookies are stored on their device or rejected, either systematically or depending on who sends them. Users can also set their browser to ask them to accept or refuse Cookies each time, before a Cookie may be stored on their device. www.daft-web.fr informs Users that, in this case, some features of their browser may not be available.

If Users refuse to have Cookies stored on their device or browser, or delete those already stored, they are informed that their browsing and experience on the Site may be limited. This may also be the case when www.daft-web.fr or one of its 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, www.daft-web.fr accepts no liability for the consequences of the Site, and of any services offered by www.daft-web.fr, working less well as a result of (i) the User refusing Cookies or (ii) www.daft-web.fr being unable to store or read the Cookies needed for them to work because of the User’s choice. Each browser handles Cookies and User choices differently. This is described in the browser’s help menu, which explains how Users can change their Cookie preferences.

Users can express and change their Cookie preferences at any time. www.daft-web.fr may also use external providers to help it collect and process the information described in this section.

Finally, if the User clicks on the icons for the social networks Twitter, Facebook, LinkedIn and Google Plus on the www.daft-web.fr Site or in its mobile application, and has agreed to cookies by continuing to browse the www.daft-web.fr 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 are only placed on your devices if you consent to them by continuing to browse the www.daft-web.fr website or mobile application. Users may nevertheless withdraw their consent to www.daft-web.fr placing this type of cookie at any time.

9.2 Internet tags

www.daft-web.fr may occasionally use internet tags (also called “tags”, 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 the corresponding information, including the User’s IP address) in another country.

These tags are placed both in the online advertisements that lead internet users to the Site and on its various pages.

This technology allows www.daft-web.fr to assess 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 use of the Site.

The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site’s activity for www.daft-web.fr, and provide other services relating to the use of the Site and the internet.

9.3 Third-party services

The Site uses a few external services that may place cookies or collect technical data (including IP addresses):

• Google reCAPTCHA (Google Ireland Ltd), to protect forms against spam;
• Google Tag Manager (Google Ireland Ltd), to manage audience measurement tools;
• Google Analytics and Google AdSense (Google Ireland Ltd), for audience measurement and displaying ads, with your consent;
• Meta pixels (Meta Platforms Ireland Ltd) and OpenAI, to measure our advertising campaigns, with your consent;
• CookieYes, to collect and store your cookie choices;
• Trustindex, to display the Google reviews left by our customers.

Details of the cookies, how long they last and how to change your choices are in our privacy policy (in French).

10. Applicable law and jurisdiction

Any dispute relating to the use of www.daft-web.fr is subject to French law.
Except where the law does not allow it, exclusive jurisdiction is given to the competent courts of Saint-Étienne.

This legal notice is a translation of the French original. In the event of any discrepancy, the French version prevails.