FR

Definitions

Customer: any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these terms and conditions.
Services and Services: https://tomfranck.fr makes available to Customers:

Content: All the constituent elements of the information present on the Site, in particular texts – images – videos.

Customer information: Hereinafter referred to as « Information (s) » which correspond to all the personal data that may be held by https://tomfranck.fr for the management of your account, the management of the customer relationship and to for analytical and statistical purposes.

User: Internet user connecting, using the aforementioned site.

Personal information: « Information that allows, in any form whatsoever, directly or not, the identification of natural persons to which they apply » (Article 4 of Law No. 78-17 of 6 January 1978).

The terms « personal data », « data subject », « subcontractor » and « sensitive data » have the meaning as defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. Presentation of the website.

Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the website https://tomfranck.fr identity of the various stakeholders in the framework of its realization and its follow-up:

Owner: MONSIEUR TOM MAZZARESE – 820 Chemin des Eucalyptus 06600 Antibes
Publication Manager: Thomas Mazzarese – tom.mazzarese@gmail.com
The publication manager is a natural person or a legal person.
Webmaster: Thomas Mazzarese – tom.mazzarese@gmail.com
Host: OVH – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Tom Mazzarese – tom.mazzarese@gmail.com

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

The Site constitutes a work of the spirit protected by the provisions of the Code of the Intellectual Property and the applicable International Regulations. The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the Site.

The use of the site https://tomfranck.fr implies full acceptance of the terms and conditions described below. These conditions of use may be modified or supplemented at any time, users of the site https://tomfranck.fr are invited to consult them regularly.

This website is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by https://tomfranck.fr, who will then endeavor to communicate to users before the dates and times of the intervention. The website https://tomfranck.fr is updated regularly by https://tomfranck.fr responsible. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves on the user who is invited to refer to them as often as possible in order to become acquainted with them.

 

3. Description of the services provided.

The purpose of the website https://tomfranck.fr is to provide information concerning all the activities of the company. https://tomfranck.fr strives to provide on the site https://tomfranck.fr as accurate information as possible. However, he can not be held responsible for oversights, inaccuracies and deficiencies in the update, whether by him or the third party partners who provide this information.

All the information indicated on the site https://tomfranck.fr are given as an indication, and are likely to evolve. Furthermore, the information on the https://tomfranck.fr site is not exhaustive. They are given subject to modifications having been made since they went on line.

 

4. Contractual limitations on the technical data.

The site uses JavaScript technology. The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing any viruses and with a browser last generation updated The site https://tomfranck.fr is hosted at a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: n ° 2016-679)

The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right

 

5. Intellectual property and counterfeits.

https://tomfranck.fr owns the intellectual property rights and has the rights to use all the elements available on the website, including text, 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 without prior written permission of: https://tomfranck.fr.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.

 

6. Limitations of liability.

https://tomfranck.fr acts as publisher of the site. https://tomfranck.fr is responsible for the quality and veracity of the Content it publishes.

https://tomfranck.fr can not be held responsible for direct or indirect damage to the user’s equipment, when accessing the website https://tomfranck.fr, and resulting from the use of equipment that does not meet the specifications given in point 4, ie the appearance of a bug or incompatibility.

https://tomfranck.fr can not be held responsible for consequential damages (such as for example a loss of market or loss of a chance) consecutive to the use of the site https://tomfranck.fr. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://tomfranck.fr reserves the right to delete, without prior notice, any content posted in this space that would violate the law applicable in France, especially the provisions relating to data protection. If necessary, https://tomfranck.fr also reserves the right to question the civil and / or criminal liability of the user, particularly in the event of a racist, abusive, slanderous or pornographic message, whatever the medium used (text, photography …).

 

7. Management of personal data.

The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 and the General Data Protection Regulation (RGPD: No. 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected as part of the creation of the User’s personal account and its navigation on the Site, the Person in charge of processing Personal Data is: MONSIEUR TOM MAZZARESE. https: //tomfranck.fris represented by Thomas Mazzarese, his legal representative

As responsible for the processing of the data it collects, https://tomfranck.fr undertakes to comply with the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, complete information on the processing of their personal data and maintain a record of treatments according to reality. Whenever https://tomfranck.fr processes Personal Data, https://tomfranck.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https: //tomfranck.fr processes them.

7.2 Purpose of the data collected

https://tomfranck.fr may process all or part of the data:

to enable navigation on the Site and the management and traceability of services and services ordered by the user: login and use of the Site, invoicing, order history, etc.

to prevent and fight against computer fraud (spamming, hacking …): computer hardware used for navigation, IP address, password (hash)

to improve the navigation on the Site: connection and usage data

to conduct optional satisfaction surveys on https://tomfranck.fr: email address
to carry out communication campaigns (sms, mail): phone number, email address
https://tomfranck.fr does not market your personal data which are therefore only used by necessity or for statistical purposes and analyzes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, the Users of https://tomfranck.fr have the following rights:

• right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of the data of Users right of locking or erasing data of the Users of a personal nature (article 17 of the RGPD), when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or preservation is prohibited
• right to withdraw consent at any time (article 13-2c RGPD)
• right to limit the processing of User data (Article 18 RGPD)
• right of opposition to the processing of User data (Article 21 RGPD)
• right to the portability of the data that the Users will have provided, when this data is the subject of automated processing based on their consent or on a contract (article 20 RGPD)
• right to define the fate of the data of the Users after their death and to choose to whom https://tomfranck.fr will have to communicate (or not) its data to a third which they will have previously designated

As soon as https://tomfranck.fr is aware of the death of a User and in the absence of instructions from him, https://tomfranck.fr undertakes to destroy his data, unless their retention is necessary for evidentiary purposes or to fulfill a legal obligation.

If the User wishes to know how https://tomfranck.fr uses his Personal Data, ask to rectify or oppose their treatment, the User can contact https://tomfranck.fr in writing to the following address :

MONSIEUR TOM MAZZARESE – DPO, Tom Mazzarese
820 Eucalyptus Road 06600 Antibes.
In this case, the User must indicate the Personal Data that he / she would like https://tomfranck.fr to correct, update or delete, by identifying himself precisely with a copy of an identity document (credit card). identity or passport).

Requests for the deletion of Personal Data will be subject to the obligations that are imposed on https://tomfranck.fr by law, particularly as regards the preservation or archiving of documents. Finally, Users of https://tomfranck.fr may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://tomfranck.fr is prohibited from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as « unsuitable » by the European Commission without informing the client beforehand . However, https://tomfranck.fr remains free from the choice of its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (RGPD: n ° 2016 -679).

https://tomfranck.fr undertakes to take all necessary precautions to preserve the security of the Information and in particular that they are not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://tomfranck.fr, it shall promptly inform the Customer and notify him of the corrective measures taken. In addition, https://tomfranck.fr does not collect any « sensitive data ».

The Personal Data of the User may be processed by subsidiaries of https://tomfranck.fr 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 people likely to have access to the data of the Users of https://tomfranck.fr are mainly the agents of our customer service.

8. Incident Notification

Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We can not therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the information they need to help them meet their own regulatory reporting requirements.

No personal information of the user of the site https://tomfranck.fr is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to any third party. Only the assumption of redemption https://tomfranck.fr and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the site https://tomfranck.fr.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://tomfranck.fr uses networks protected by standard devices such as firewall, pseudonymization, encryption and password.When processing Personal Data, https: //tomfranck.fr takes all reasonable measures to protect against any loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links « cookies » and tags (« tags ») internet

The https://tomfranck.fr site contains a certain number of hypertext links towards other sites, set up with the authorization of https://tomfranck.fr. However, https://tomfranck.fr does not have the opportunity to check the content of the sites visited, and therefore assumes no liability for this fact.

Unless you decide to disable cookies, you agree that the site may use them. You may at any time disable these cookies for free from the deactivation possibilities offered to you and recalled below, knowing that 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 in the User’s terminal (eg 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. The Cookies do not risk in any case to damage the terminal of the User.

https://tomfranck.fr may process the User’s information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows https://tomfranck.fr to improve the content of the Site, the navigation of the User.

Cookies facilitating the navigation and / or the provision of services offered by the Site, the User can configure his browser to enable him to decide whether or not he wishes to accept them so that Cookies are registered in the Website. the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser so that the acceptance or rejection of Cookies are proposed to him from time to time, before a Cookie is likely to be registered in his terminal. https://tomfranck.fr informs the user that, in this case, it may be that the functionality of its browser software is not all available.

If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those who are registered there, the User is informed that his browsing and his experience on the Site may be limited. This could also be the case when https://tomfranck.fr or one of its service providers can not 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 seems connected to the Internet.

If applicable, https://tomfranck.fr declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly proposed by https://tomfranck.fr, resulting (i) from the refusal of Cookies by the User ( ii) the impossibility for https://tomfranck.fr to register or to consult Cookies necessary for their operation because of the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will indicate how the user can change his wishes for cookies.

At any time, the User may make the choice to express and modify his wishes regarding Cookies. https://tomfranck.fr 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 Twitter, Facebook, Linkedin and Google Plus social networks appearing on the https://tomfranck.fr website or in its mobile application and if the user has accepted the deposit of cookies by continuing his browsing the Website or the mobile application of https://tomfranck.fr, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only deposited on your devices if you consent, by continuing your navigation on the Website or the mobile application of https://tomfranck.fr. At any time, the User may nevertheless reconsider his consent to https://tomfranck.fr depositing this type of cookies.

Article 9.2. TAGS (« TAGS ») INTERNET

https://tomfranck.com may occasionally use Internet tags (also called « tags », or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them via ‘a specialist web analytics partner likely to be located (and therefore to store the corresponding information, including the IP address of the User) in a foreign country.

These tags are placed both in online advertisements allowing users to access the Site, and on the various pages of it.

This technology allows https://tomfranck.fr to evaluate visitors’ responses 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 through these tags, compile reports on the activity of the Site to the attention of https://tomfranck.fr, and provide information on other services related to the use of the latter and the Internet.

10. Applicable law and jurisdiction.

Any dispute in connection with the use of the site https://tomfranck.fr is subject to French law. Except in cases where the law does not permit, the exclusive jurisdiction of the courts of Nice