Customer : any professional or capable natural person within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Provision and Services : https://www.theswellcompany.eu makes available to Clients :
All the elements constituting the information present on the Site, in particular texts – images – videos.
Content : All the elements constituting the information present on the Site, in particular texts – images – videos.
Customer information : Hereinafter referred to as ” Information (s) ” which corresponds to all personal data that may be held by https://www.theswellcompany.eu for the management of your account, customer relationship management and for analysis and statistical purposes.
User : Internet user logging in, using the above-mentioned site.
Personal information : “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies” (Article 4 of Law No. 78-17 of 6 January 1978).
1. Presentation of the website.
https://www.theswellcompany.eu are informed of the identity of the various parties involved in its implementation and monitoring:
Owner : SAS SWELL – 1 BIS CHEMIN DU PUITS DES VIGNES 69450 SAINT CYR AU MONT D’OR
Publishing manager : Régis Marc – firstname.lastname@example.org
The person responsible for publication is a natural or legal person.
Webmaster : Mathieu Baillot – email@example.com
Strong> : IONOS by 1&1 – 7 Place de la Gare 57200 Sarreguemines 0970 808 911
2. General conditions of use of the site and the services offered.
The Client may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site.
https://www.theswellcompany.eu 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, users of the site https://www.theswellcompany.eu are therefore invited to consult them on a regular basis.
https://www.theswellcompany.eu, which will then endeavour to inform users in advance of the dates and times of the intervention.
The website https://www.theswellcompany.eu is regularly updated by https://www.theswellcompany.eu responsible. In the same way, the legal notices may 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 become acquainted with them.
3. Description of services provided.
https://www.theswellcompany.eu is to provide information concerning all of the company’s activities.
https://www.theswellcompany.eu strives to provide on the site https://www.theswellcompany.eu information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether caused by itself or by third party partners who provide it with this information.
https://www.theswellcompany.eu are given as an indication, and are likely to evolve. Furthermore, the information on the site https://www.theswellcompany.eu is not exhaustive. It is subject to modifications that have been made since it was put online.
4. Contractual limitations on technical data.
The website cannot be held responsible for any material damage related to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free material and with a latest-generation, up-to-date browser.
The site https://www.theswellcompany.eu is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (GPDR : n° 2016-679)
https://www.theswellcompany.eu and the host cannot be held liable in the event of malfunctioning of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://www.theswellcompany.eu is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular 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 authorisation of : https://www.theswellcompany.eu.
Any unauthorised use 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.
https://www.theswellcompany.eu acts as publisher of the site. https://www.theswellcompany.eu is responsible for the quality and truthfulness of the Content it publishes.
https://www.theswellcompany.eu cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website https://www.theswellcompany.eu, and 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.
https://www.theswellcompany.eu will also not be liable for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the site https://www.theswellcompany.eu.
Interactive areas (possibility to ask questions in the contact area) are available to users. https://www.theswellcompany.eu reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://www.theswellcompany.eu also reserves the possibility of calling into question the civil and/or criminal liability of the user, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 6 August 2004 and the General Regulations on Data Protection (GPDR: no. 2016-679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected in the context of the creation of the User’s personal account and his browsing on the Site, the person responsible for processing Personal Data is: SWELL. https://www.theswellcompany.euest represented by Régis Marc, its legal representative.
As the person responsible for processing the data it collects, https://www.theswellcompany.eu undertakes to respect the framework of the legal provisions in force. In particular, it is incumbent upon the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality.
Whenever https://www.theswellcompany.eu processes Personal Data, https://www.theswellcompany.eu takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which https://www.theswellcompany.eu processes them.
7.2 Purpose of the data collected
https://www.theswellcompany.eu 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 Site use data, invoicing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hash), etc.
to improve navigation on the Site: connection and usage data
to conduct optional satisfaction surveys on https://www.theswellcompany.eu: email address
to carry out communication campaigns (sms, email): telephone number, email address
https://www.theswellcompany.eu does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with the European regulations in force, Users of https://www.theswellcompany.eu have the following rights:
right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users’ data right to block or delete Users’ personal data (article 17 RGPD), when they are 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 GDMP)
right to limit the processing of Users’ data (Article 18 DPMR)
right to object to the processing of Users’ data (Article 21 RGPD)
the right to the portability of the data provided by Users, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDR)
the right to determine the fate of Users’ data after their death and to choose to whom https://www.theswellcompany.eu should communicate (or not) their data to a third party they have previously designated
As soon as https://www.theswellcompany.eu becomes aware of the death of a User and in the absence of instructions from him or her, https://www.theswellcompany.eu undertakes to destroy his or her data, unless it is necessary to keep it for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://www.theswellcompany.eu uses his or her Personal Data, to ask for them to be rectified or to object to their processing, the User may contact https://www.theswellcompany.eu in writing at the following address
SWELL – DPO, Régis Marc
1 BIS CHEMIN DU PUITS DES VIGNES SAINT CYR AU MONT D’OR 69450 SAINT CYR AU MONT D’OR
In this case, the User must indicate the Personal Data that he or she would like https://www.theswellcompany.eu to correct, update or delete, identifying himself or herself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.theswellcompany.eu by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://www.theswellcompany.eu may file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.theswellcompany.eu shall refrain from processing, hosting or transferring the Information collected about its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without prior notice to the Customer. However, https://www.theswellcompany.eu remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (GPDR : n° 2016-679).
https://www.theswellcompany.eu undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident impacting the integrity or confidentiality of Customer Information is brought to the attention of https://www.theswellcompany.eu, the latter shall inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, https://www.theswellcompany.eu does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://www.theswellcompany.eu and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of Users of https://www.theswellcompany.eu are mainly the agents of our customer service.
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 the users concerned 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 keeping our customers fully informed of all matters relating to the security of their accounts 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 site https://www.theswellcompany.eu is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of https://www.theswellcompany.eu and its rights would allow the transmission of the said information to the potential purchaser who would in turn be bound by the same obligation of conservation and modification of the data towards the user of the site https://www.theswellcompany.eu.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.theswellcompany.eu uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://www.theswellcompany.eu takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links ” cookies ” and internet tags.
The site https://www.theswellcompany.eu contains a number of hypertext links to other sites, set up with the authorisation of https://www.theswellcompany.eu. However, https://www.theswellcompany.eu is not in a position to verify the content of the sites thus visited, and therefore assumes no responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You may deactivate these cookies at any time, 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.
A “cookie” is a small information file sent to the User’s browser and stored on 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 do not in any way risk damaging the User’s terminal.
https://www.theswellcompany.eu is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and searches carried out. This information enables https://www.theswellcompany.eu to improve the content of the Site and the User’s navigation.
Cookies facilitate navigation and/or the provision of the services offered by the Site. Users can configure their browser to allow them to decide whether or not they wish to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his browser software so that he is offered the possibility of accepting or rejecting Cookies from time to time, before a Cookie is likely to be stored on his device. https://www.theswellcompany.eu informs the User that, in this case, it is possible that not all the functions of his browser software will be available.
If the User refuses to save Cookies in his/her terminal or browser, or if the User deletes those saved, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case when https://www.theswellcompany.eu 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, https://www.theswellcompany.eu declines all responsibility for the consequences linked to the degraded functioning of the Site and any services offered by https://www.theswellcompany.eu, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.theswellcompany.eu to record or consult the Cookies necessary for their functioning 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 show how the User can modify his wishes regarding Cookies.
At any time, the User may choose to express and modify their wishes regarding Cookies. https://www.theswellcompany.eu may also use 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 appearing on https://www.theswellcompany.eu’s Website or in its mobile application, and if the User has accepted the deposit of cookies by continuing his navigation on https://www.theswellcompany.eu’s Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are deposited on your terminals only if you consent to them by continuing your navigation on the Website or mobile application of https://www.theswellcompany.eu. At any time, the User may nevertheless revoke his/her consent for https://www.theswellcompany.eu to deposit this type of cookies.
Article 9.2. INTERNET TAGS
https://www.theswellcompany.eu may occasionally use Internet tags (also known as “tags”, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and thus store 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 enables https://www.theswellcompany.eu to evaluate the responses of visitors 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 websites using these tags, compile reports on Site activity for https://www.theswellcompany.eu, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the https://www.theswellcompany.eu website is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of