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LEGAL NOTICE

Definitions

Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Website subject to these terms and conditions.

Services: https://openmedias.fr/ provides Clients with a range of content and services available on the website.

Content: all elements constituting the information present on the Website, including texts, images and videos.

Personal Information: information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies (Article 4 of EU Regulation 2016/679 – GDPR).

Article 1: Website Presentation

Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://openmedias.fr/ are informed of the identity of the various parties involved in its creation and monitoring:

Owner: OpenMedias – Simplified Joint-Stock Company (SAS) with a share capital of 60,000 euros – VAT Number: FR37 849 100 243 – Paris Trade Register 849 100 243 – 13 ter boulevard Berthier, 75017 Paris

Publication Manager: Mr. Thomas Durand – contact@openmedias.fr

Webmaster: OpenMedias – contact@openmedias.fr

Hosting Provider: OVH SAS – with a share capital of 50,000,000 euros – Lille Trade Register 424 761 419 – 2 rue Kellermann, 59100 Roubaix – Tel: 09 72 10 10 07

Data Protection Officer: Mr. Thomas Durand – contact@openmedias.fr

Article 2: Terms of Use for the Website and Services Offered

The Website constitutes a work of the mind protected by the provisions of the French Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer or exploit for their own account all or part of the elements or work of the Website.

Use of the website https://openmedias.fr/ implies full and complete acceptance of the terms of use described herein. These terms of use may be modified or supplemented at any time; users of the website are therefore invited to consult them regularly.

This website is normally accessible to users at all times. A technical maintenance interruption may however be decided by OpenMedias, which will then endeavour to communicate the dates and times of the intervention to users in advance. The website is regularly updated by OpenMedias. Similarly, the legal notice may be modified at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible in order to take note of it.

Article 3: Description of Services Provided

The website https://openmedias.fr/ aims to provide information concerning all of the company's activities. OpenMedias endeavours to provide information on the website that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies and deficiencies in updates, whether due to its own actions or those of third-party partners who provide this information.

All information provided on the website is for informational purposes only and is subject to change. Furthermore, the information on the website is not exhaustive. It is provided subject to changes that may have been made since it was published online.

Article 4: Contractual Limitations on Technical Data

The website uses JavaScript technology. The website cannot be held liable for material damage related to the use of the Website. Furthermore, the website user agrees to access the website using recent equipment, free of viruses, and with an up-to-date latest generation browser. The website is hosted by a provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The objective is to provide a service that ensures the best accessibility rate. The hosting provider ensures the continuity of its 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, particularly for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.

OpenMedias and the hosting provider cannot be held liable 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.

Article 5: Intellectual Property and Counterfeiting

OpenMedias owns the intellectual property rights and holds the usage rights to all 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 website, by whatever means or process, is prohibited without the prior written authorization of OpenMedias.

Any unauthorized use of the website or any of the elements it contains shall be considered as constituting counterfeiting and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

Article 6: Limitations of Liability

OpenMedias acts as publisher of the Website. OpenMedias is responsible for the quality and accuracy of the Content it publishes.

OpenMedias cannot be held liable for direct and indirect damages caused to the user's equipment when accessing the website, resulting either from the use of equipment that does not meet the specifications indicated in Article 4, or from the appearance of a bug or incompatibility.

OpenMedias also cannot be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website.

Article 7: Personal Data Management

7.1 Personal Data Controller

The Personal Data Controller is: OpenMedias, represented by Mr. Thomas Durand, its legal representative.

As the Data Controller for the data it collects, OpenMedias undertakes to comply with the framework of applicable legal provisions. It is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consent, with complete information on the processing of their personal data, and to maintain a processing register that is consistent with reality. Whenever OpenMedias processes Personal Data, OpenMedias takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which OpenMedias processes them.

7.2 Purpose of Data Collected

OpenMedias may process all or part of the data:

  • to enable navigation on the Website and the management and traceability of services ordered by the user
  • to prevent and combat computer fraud (spamming, hacking, etc.)
  • to improve navigation on the Website
  • to conduct optional satisfaction surveys on OpenMedias
  • to conduct communication campaigns (SMS, email)

OpenMedias does not sell your Personal Data, which is therefore used only out of necessity or for statistical and analytical purposes.

7.3 Right of Access, Rectification and Opposition

In accordance with current European regulations, OpenMedias Users have the following rights:

  • right of access (Article 15 of the GDPR) and rectification (Article 16 of the GDPR), updating and completion of Users' data
  • right to lock or erase Users' personal data (Article 17 of the GDPR) when it is inaccurate, incomplete, ambiguous, expired, or when its collection, use, communication or storage is prohibited
  • right to withdraw consent at any time (Article 13-2c of the GDPR)
  • right to restriction of processing of Users' data (Article 18 of the GDPR)
  • right to object to the processing of Users' data (Article 21 of the GDPR)
  • right to portability of data provided by Users, when such data is subject to automated processing based on their consent or a contract (Article 20 of the GDPR)

If you wish to know how OpenMedias uses your Personal Data, request that it be rectified or object to its processing, you can contact OpenMedias in writing at the following address:

OpenMedias – 13 ter boulevard Berthier, 75017 Paris.

In this case, you must indicate the Personal Data you wish OpenMedias to correct, update or delete, identifying yourself 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 OpenMedias by law, particularly with regard to the retention or archiving of documents. Finally, OpenMedias 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

OpenMedias undertakes not to process, host or transfer the Information collected about its Clients to a country located outside the European Union or recognised as "inadequate" by the European Commission without first informing the client. However, OpenMedias remains free to choose its technical and commercial subcontractors provided they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

OpenMedias undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client's Information is brought to the attention of OpenMedias, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, OpenMedias does not collect any "sensitive data".

The User's Personal Data may be processed by subsidiaries of OpenMedias and subcontractors (service providers), exclusively for 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 the data of OpenMedias Users are primarily our customer service agents.

Article 8: Incident Notification

Regardless of the efforts 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 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 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 comply with their own regulatory reporting obligations.

No personal information of the website user is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the possibility of the acquisition of OpenMedias and its rights would allow the transmission of said information to the potential buyer, who would in turn be bound by the same obligation to preserve and modify the data with respect to the website user.

Article 9: Hyperlinks, "Cookies" and Internet "Tags"

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 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 cannot in any way damage the User's device.

OpenMedias may process information from the User concerning their visit to the Website, such as pages viewed and searches performed. This information enables OpenMedias to improve the content of the Website and the User's navigation.

Cookies facilitate navigation and/or the provision of services offered by the Website. The User can configure their browser to allow them to decide whether or not to accept them, so that Cookies are either stored on the device or rejected, either systematically or depending on their sender. The User can also configure their browser software so that the acceptance or rejection of Cookies is offered to them on a case-by-case basis, before a Cookie may be stored on their device.

OpenMedias informs the User that, in this case, not all features of their browser software may be available.

If the User refuses the storage of Cookies on their device or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Website may be limited. This could also be the case when OpenMedias or one of its service 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, OpenMedias declines all liability for the consequences related to the degraded operation of the Website and services potentially offered by OpenMedias, resulting from (i) the refusal of Cookies by the User, (ii) the inability for OpenMedias to store or consult the Cookies necessary for their operation due to the User's choice. For Cookie management and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will indicate how the User can change their Cookie preferences.

At any time, the User can choose to express and modify their Cookie preferences. OpenMedias may also use the services of external providers to help it collect and process the information described in this section.

Finally, by clicking on the social network icons on the OpenMedias Website or in its mobile application, and if the User has accepted the storage of cookies by continuing their navigation on the Website or mobile application of OpenMedias, these social networks may also store cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only stored on your devices if you consent to them by continuing your navigation on the OpenMedias Website or mobile application. At any time, the User can nevertheless withdraw their consent for OpenMedias to store this type of cookies.

9.2 Internet "Tags"

OpenMedias may occasionally use Internet tags (also known as "tags", action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-download 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 a foreign country.

These tags are placed both in online advertisements enabling Internet users to access the Website, and on the various pages of the Website.

This technology enables OpenMedias to evaluate visitor responses to the Website 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 Website.

The external service provider may collect information about visitors to the Website and other Internet websites through these tags, compile reports on Website activity for OpenMedias, and provide other services related to the use of the Website and the Internet.

Article 10: Applicable Law and Jurisdiction

Any dispute in relation to the use of the website https://openmedias.fr/ is subject to French law. Except where the law does not permit it, exclusive jurisdiction is attributed to the competent courts of Paris.