LEGAL NOTICE WATT&BOAT
Definitions
Client: Any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services: https://wattandboat.fr/ makes available to Clients:
Content: All the elements making up the information present on the Site, including texts – images – videos.
Customer Information: Hereinafter referred to as “Information(s)” which correspond to all personal data likely to be held by the website for the management of your account, the management of customer relations, and for analysis and statistics purposes.
User: Internet user connecting, using the aforementioned site.
Personal Information: “Information that, in any form whatsoever, directly or indirectly identifies the natural persons to whom it applies” (article 4 of law n° 78-17 of January 6, 1978).
The terms “personal data,” “data subject,” “subcontractor,” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: n° 2016-679)
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, for trust in the digital economy, users of the website are informed of the identity of the various stakeholders involved in its creation and monitoring:
Owner: SARL MPG Capital with a share capital of 10,000.00 € VAT number: FR82908899982 – 10 LONGEGOUTTE 19380 SAINT-BONNET-ELVERT
Publication Manager: Guillaume SOUMAILLE – guillaume@wattandboat.fr
The publication manager is a natural or legal person.
Webmaster: Thomas cholewa – Kolcom – th.cholewa@gmail.com
Host: IONOS – 7, place de la Gare BP 70109 57200 Sarreguemines Cedex France +49 (0) 721 170 555
Data Protection Officer: Guillaume SOUMAILLE – guillaume@wattandboat.fr
2. General conditions of use of the site and the services offered.
The Site constitutes a work protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Client may not in any way reuse, assign or exploit for his own benefit all or part of the elements or works of the Site.
The use of the website implies full and complete acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time, so website users are invited to consult them regularly.
This website is normally accessible to users at all times. However, a technical maintenance interruption may be decided, which will then endeavor to communicate the dates and times of the intervention to users in advance. The website is regularly updated. In the same way, legal notices can be modified at any time: nevertheless, they are binding on the user who is invited to refer to them as often as possible to become aware of them.
3. Description of the services provided.
The website’s purpose is to provide information about all the activities of the company. Watt&Boat strives to provide accurate information on the website. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by it or by third-party partners who provide this information.
All information indicated on the website is given for information purposes only and is subject to change. Furthermore, the information on the website https://wattandboat.fr/ is not exhaustive. They are given subject to modifications that may have been made since they were posted online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The Website may not be held responsible for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and an updated latest-generation browser. The website is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)
The objective is to provide a service with the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, in particular for maintenance purposes, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.
Watt&Boat and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. Intellectual Property and Counterfeiting
Watt&Boat owns the intellectual property rights and holds the rights to use all the elements accessible on the website, including 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, regardless of the means or process used, is prohibited, unless prior written authorization is obtained from Watt&Boat.
Any unauthorized use of the site or any of its elements will be considered as counterfeiting and pursued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of Liability
Watt&Boat acts as the publisher of the site. Watt&Boat is responsible for the quality and accuracy of the content it publishes.
Watt&Boat will not be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website https://wattandboat.fr/, resulting either from the use of equipment that does not meet the specifications mentioned in point 4, or from the appearance of a bug or incompatibility.
Watt&Boat will also not be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the company’s website. Interactive spaces (possibility to ask questions in the contact area) are available to users. Watt&Boat reserves the right to remove, without prior notice, any content posted in this space that would violate applicable laws in France, especially regarding data protection provisions. If necessary, Watt&Boat also reserves the right to engage the civil and/or criminal liability of the user, especially in the case of messages of a racist, offensive, defamatory, or pornographic nature, regardless of the medium used (text, photography, etc.).
7. Management of Personal Data
The Client is informed about the regulations concerning marketing communication, the law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Responsible for the Collection of Personal Data
For Personal Data collected during the creation of the User’s personal account and their navigation on the Site, the data controller responsible for the Personal Data is: MPG. Watt&Boat is represented by Guillaume SOUMAILLE, its legal representative.
As the data controller for the data it collects, Watt&Boat commits to respecting the framework of the applicable legal provisions. It is the responsibility of the Client, in particular, to establish the purposes of their data processing, to provide their prospects and customers with comprehensive information on the processing of their personal data, and to maintain a register of processing activities that is in compliance with reality. Whenever Watt&Boat’s website processes Personal Data, Watt&Boat takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which Watt&Boat processes them.
7.2 Purpose of Collected Data
Watt&Boat may process all or part of the data for the following purposes:
- to enable navigation on the Site and the management and traceability of services ordered by the user: connection and usage data of the Site, billing, 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
Watt&Boat 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 Objection
In accordance with the applicable European regulations, Users of Watt&Boat have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of User data, right to lock or erase User personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or where the collection, use, communication, or storage of such data is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to limit the processing of User data (Article 18 GDPR)
- right to object to the processing of User data (Article 21 GDPR)
- right to data portability for the data that Users provide, when such data is subject to automated processing based on their consent or a contract (Article 20 GDPR)
- right to determine the fate of User data after their death and to choose to whom Watt&Boat should communicate (or not) their data to a designated third party
As soon as Watt&Boat becomes aware of the death of a User and in the absence of instructions from them, Watt&Boat commits to destroying their data, unless their conservation proves necessary for evidentiary purposes or to respond to a legal obligation.
If the User wishes to know how Watt&Boat uses their Personal Data, request rectification, or object to their processing, the User can contact Watt&Boat in writing at the following address:
MPG – DPO, Guillaume SOUMAILLE
10 LONGEGOUTTE 19380 SAINT-BONNET-ELVERT.
In this case, the User must indicate the Personal Data they would like Watt&Boat to correct, update, or delete, identifying themselves 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 Watt&Boat by law, particularly with regard to the retention or archiving of documents. Finally, Users of the Watt&Boat website can file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-Disclosure of Personal Data
Watt&Boat is prohibited from processing, hosting, or transferring information collected from its Clients to a country outside the European Union or recognized as “inadequate” by the European Commission without prior notice to the client. However, Watt&Boat remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees in accordance with the requirements of the General Data Protection Regulation (GDPR: Regulation No. 2016-679).
Watt&Boat commits to taking all necessary precautions to preserve the security of the Information and, in particular, to prevent it from being communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of Client Information comes to Watt&Boat’s attention, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, Watt&Boat does not collect any “sensitive data.”
The Personal Data of the User may be processed by subsidiaries of Watt&Boat and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the scope of their respective responsibilities and for the aforementioned purposes, the main persons likely to have access to the data of Watt&Boat Users are primarily the agents of our customer service.
8. Incident Notification
Despite the efforts made, no method of transmission over the Internet and no electronic storage method are completely secure. Consequently, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all security-related matters concerning their accounts and providing them with all the necessary information to help them comply with their own regulatory reporting obligations.
No personal information of the user of the Watt&Boat website is published without the user’s knowledge, exchanged, transferred, sold, or conveyed on any medium to third parties. Only in the event of the acquisition of Watt&Boat and its rights would the transmission of such information to the potential acquirer be allowed, who in turn would be required to adhere to the same obligation of conservation and modification of data vis-à-vis the user of the website https://wattandboat.fr/.
Security
To ensure the security and confidentiality of Personal Data and Health Data, Watt&Boat uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
During the processing of Personal Data, Watt&Boat takes all reasonable measures to protect them from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext Links, Cookies, and Internet Tags
The website https://wattandboat.fr/ contains a number of hypertext links to other websites, set up with the authorization of Watt&Boat. However, Watt&Boat does not have the ability to verify the content of these visited websites and consequently assumes no responsibility for this.
Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time for free using the deactivation options provided and mentioned below. However, this may reduce or prevent accessibility 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 terminal (e.g., computer, smartphone) (hereinafter “Cookies”). This file contains 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.
Watt&Boat may process User information regarding their visit to the Site, such as the pages viewed and searches performed. This information allows Watt&Boat to improve the content of the Site and the User’s navigation experience.
Cookies facilitate navigation and/or the provision of services offered by the Site. Users can configure their browser to decide whether or not to accept them, so that Cookies are either stored in the terminal or rejected, either systematically or according to their source. Users can also configure their browser software to offer them the choice to accept or refuse Cookies on a case-by-case basis before a Cookie is likely to be stored in their terminal. Watt&Boat informs the User that in this case, the functionality of their navigation software may not be fully available.
If the User refuses to store Cookies in their terminal or browser, or if the User deletes those already stored, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when Watt&Boat or one of its providers cannot recognize the type of browser used by the terminal for technical compatibility purposes, the language and display settings, or the country from which the terminal appears to be connected to the Internet.
In this case, Watt&Boat declines all responsibility for the consequences related to the degraded operation of the Site and the services possibly offered by Watt&Boat, resulting from (i) the refusal of Cookies by the User, or (ii) the inability of Watt&Boat to store or consult the Cookies necessary for their operation due to the User’s choice. Each browser’s configuration is different for managing Cookies and User choices. This configuration is described in the browser’s help menu, which will allow the User to know how to modify their preferences regarding Cookies.
At any time, the User can choose to express and modify their Cookie preferences. Watt&Boat may also use the services of external providers to help collect and process the information described in this section.
Article 9.2 Internet Tags
Watt&Boat may occasionally use Internet tags (also called “tags,” action tags, 1×1 GIFs, transparent GIFs, invisible GIFs, and 1×1 GIFs) and deploy them through a specialized web analysis partner located abroad (and thus store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed in online advertisements that allow users to access the Site, as well as on various pages of the Site.
This technology allows Watt&Boat to evaluate visitor responses to the Site and the effectiveness of its actions (e.g., the number of times a page is opened and the information consulted), as well as the User’s use of the Site.
The external provider may potentially gather information about visitors to the Site and other websites through these tags, compile reports on Site activity for Watt&Boat, and provide other services related to the use of the Site and the Internet.
10. Applicable Law and Jurisdiction.
Any dispute related to the use of the site https://wattandboat.fr/ is subject to French law. Except where prohibited by law, exclusive jurisdiction is attributed to the competent courts of Brive Lagaillarde.