Legal notice

Definitions

Site : Internet site www.iturf-mgt.com

User : Internet user connecting to and using the Site

Customer :  legal entity or a natural person

Content : All the elements constituting the information present on the Site, in particular texts, images, videos, logos, photographs...

1. Presentation of the Site

The Website is the property of iTurf Management Limited (hereafter " iTurf ")

In accordance with article 6 of the French law n° 2004-575 of 21 June 2004 on confidence in the digital economy, the identity of the various parties involved in the creation and monitoring of the Website is specified to the Website Users:

Publisher : iTurf Management Limited, a foreign company under English law registered under number 10428822, whose registered office is located at 131-135 Temple Chambers, 3-7 Temple Avenue, London EC4Y0HP, United Kingdom, represented by Alexandra BOUTELIER, Director of the secondary establishment "iTurf Management Limited France" with its registered office at Stade de France, Zac du Cornillon Nord 93210 Saint-Denis La Plaine Cedex

Publication manager : Alexandra BOUTELIER

Host : DIATEM - 2 rue de Dublin 67300 Schiltigheim 03 88 22 74 20 (hereafter "Host")

Maintenance and application evolutions : DIATEM - 2 rue de Dublin 67300 Schiltigheim
03 88 22 74 20 (hereafter " Host ")

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

Use of the Site implies full acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, and Users of the Site are therefore invited to consult them regularly. The Site is normally accessible to Users at all times. However, iTurf may decide to interrupt the Website for technical maintenance purposes. iTurf will endeavour to inform Users in advance of the dates and times of the intervention. The Website is regularly updated by iTurf. Similarly, 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 read them.

3. Description of the services provided

The purpose of the Website is to inform, communicate and develop iTurf's activities. iTurf strives to provide information on the Website that is as accurate as possible. However, iTurf cannot be held responsible for any omissions, inaccuracies or failures to update information, whether caused by iTurf or by third-party partners who provide such information. All information on the Site is given for information purposes only and is subject to change. Furthermore, the information on the Site is not exhaustive and is subject to changes having been made since it was put online.

4. Contractual limitations on technical data

The Site uses Wordpress technology. The Site cannot be held responsible for material damage linked to the use of the Site. Moreover, the User of the Site undertakes to access the Site using recent equipment, free of viruses and with a last generation updated browser. The Website is hosted by DIATEM established on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679). 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 period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the services generate traffic deemed to be abnormal. iTurf and the Host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting

The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Client or User may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Website.

iTurf 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 Website, whatever the means or process used, is prohibited, except with the prior written consent of iTurf. Any unauthorized use of the Website or of any of the elements it contains will be considered as 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

iTurf is responsible for the quality and accuracy of the Content it publishes. iTurf cannot be held responsible for direct and indirect damage 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 point 4, or from the appearance of a bug or incompatibility. iTurf cannot be held responsible for indirect damage resulting from the use of the Website. iTurf reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France. If necessary, iTurf also reserves the right to question the civil and/or criminal liability of the User, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).

 

7. Management of personal data.

7.1 Data controller

Personal data is collected by:

iTurf Management Limited, a foreign company under English law registered under number 10428822, whose registered office is located at 131-135 Temple Chambers, 3-7 Temple Avenue, London EC4Y0HP, United Kingdom, represented by Alexandra BOUTELIER, Director of the secondary establishment "iTurf Management Limited France" located at Stade de France, Zac du Cornillon Nord 93210 Saint-Denis La Plaine Cedex

As the person responsible for processing the data it collects, iTurf undertakes to respect the legal provisions in force. In particular, iTurf is responsible for establishing the purposes of its data processing, providing Users and Clients with full information on the processing of their personal data once their consent has been obtained, and maintaining an accurate data processing register. Whenever iTurf processes personal data, iTurf takes all reasonable measures to ensure the accuracy and relevance of the personal data with respect to the purposes for which iTurf processes it.

7.2 Purpose of the data collected

The processing of personal data that Clients and Users may communicate via the Website, or in case of contact with iTurf, may have all or part of the following purposes

• to carry out operations relating to the management of contracts, orders, invoices, accounting, as well as for the management of complaints and after-sales service,

• to draw up commercial statistics or analyses,

• the management of requests for access, correction and opposition rights,

• management of unpaid invoices and disputes,

• informing Users or Customers for information purposes.

The legal bases for processing are: the consent of the data subject, the legitimate interest of the data controller and, in certain cases, compliance with a legal obligation.

7.3 Data recipients

Personal data that Users or Clients may communicate to iTurf via the Website, or in the event of contact with iTurf, may be transmitted, within the limits of their respective responsibilities :

• iTurf's staff, in particular the authorized staff of the sales department, the departments responsible for customer relations and prospecting, the administrative departments, and the logistics and IT departments,

• the Website Host

iTurf will not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognized as "non-adequate" by the European Commission without informing the client in advance. However, iTurf remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679). iTurf 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.iTurf will not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognized as "non-adequate" by the European Commission without informing the client in advance. However, iTurf remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679). iTurf 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.

7.4 Data concerned

iTurf collects and processes the following data

• identity: title, surname, first names, address, telephone number (landline and/or mobile), e-mail addresses, a copy of an identity document may be kept as proof of the exercise of a right of access, rectification or opposition or to meet a legal obligation,

• navigation data: connection data, order history, products consulted, incidents, complaints, IP address,

• data relating to the follow-up of the commercial relationship: requests for information, services subscribed to, quantity, amount, periodicity, history of services, correspondence with the client, exchanges and comments from clients and prospects, person(s) in charge of the client relationship.

The compulsory or optional nature of the data is indicated at the time of collection by an asterisk. Some data is collected automatically as a result of your actions on the Site.

iTurf collects data directly from its Clients before processing them.

7.5 Retention period

Personal data collected by iTurf may not be kept beyond the period strictly necessary to manage the commercial relationship.

The following retention periods apply:

• For clients: three years after the end of the commercial relationship.

• For prospects: three years after the last contact from the prospect.

• The data necessary for the production of statistics on the audience and use of online services are kept for 25 months in a format that does not allow the identification of persons by their IP address, and include an identifier (relating to the cookie) kept for a maximum of 6 months unless the person concerned objects.

7.6 Right of access, rectification and opposition

In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004, Customers and Users have the right to access, rectify, delete and limit the processing of their personal data, as well as the right to object and to have their data ported.

They should write to the following address - DPO iTurf Management - Zac du Cornillon Nord 93210 Saint-Denis La Plaine Cedex or preferably to the following address: dpo@iturf-mgt.com, indicating the surname, first name, e-mail address, postal address. A reply will then be sent within one month of receipt of the request. The answer to requests to exercise the rights of the persons concerned will be made in the same format as the request (mail or email), unless the person concerned explicitly wishes otherwise. iTurf reserves the right to request verification of identity if necessary, in order to answer to the request.

If the processing is based on the consent of the data subject, for one or more specific purposes, the data subject may withdraw his or her consent at any time and in the same manner as the collection, without affecting the lawfulness of the processing based on consent carried out prior to the withdrawal of consent.

It is also possible to lodge a complaint with the Commission Informatique et Libertés at the following address: https://www.cnil.fr

8. Security

To ensure the security and confidentiality of Personal Data, the Site uses networks protected by standard features such as firewalls, encryption and passwords. When processing Personal Data, iTurf takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links, « cookies » and internet tags

The Website contains a certain number of hyperlinks to other websites, set up with iTurf's authorisation; however, iTurf does not have the possibility of checking the content of the websites visited, and consequently cannot accept any responsibility for them.

9.1. « Cookies »

A "cookie" is a small information file sent to the User's browser and stored within the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's IP address, the User's Internet Service Provider, the User's operating system, and the date and time of access. Cookies are in no way likely to damage the User's terminal. iTurf is likely to process the User's information concerning his visit to the Site, such as the pages consulted and the searches performed. This information allows iTurf to improve the content of the Website or the User's browsing experience. Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his browser to allow him to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or according to their sender. The User may also configure his browser so that he is offered to accept or reject Cookies from time to time, before a Cookie is likely to be saved in his terminal. iTurf informs the User that, in this case, all the functions of his browser may not 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 navigation and experience on the Site may be limited. This may also be the case when iTurf 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 seems to be connected to the Internet. iTurf declines all responsibility for any consequences related to the degraded functioning of the Website and of the services that may be offered by it, resulting from (i) the refusal of Cookies by the User (ii) the impossibility of the Website 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/her wishes regarding Cookies. At any time, the User can choose to express and modify his/her wishes regarding Cookies. iTurf 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 and LinkedIn on the Website and if the User has accepted the deposit of cookies by continuing to browse the Website, Twitter and Facebook may also deposit cookies on their terminals (computer, tablet, mobile phone). These types of cookies are only deposited on the terminals if you consent to them. At any time, the User may nevertheless revoke his or her consent to the deposit of cookies.

9.2. Web beacons or “TAGS”

iTurf may occasionally employ web beacons (also known as "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 information about them, including the User's IP address) in a foreign country. These beacons are placed both in the online advertisements allowing users to access the Site, and on the different pages of the Site. This technology allows iTurf 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 site activity for iTurf, and provide other services related to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the Site is subject to French law. Any dispute relating to the interpretation and/or execution of these terms and conditions must, in the first place, and as far as possible, be settled amicably. In the absence of amicable agreement, any dispute shall be submitted to the competent courts.

Legal notice updated on 27/10/2021