Terms of use

1. Presentation of the site.

In application of articles 6-III and 19 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is specified to users of the site accessible by the url https://octopize.io (hereinafter “the Site”), that it provides information relating to the company OCTOPIZE Mimethik Data and in particular the identity of the various actors involved in its production and monitoring:

Editor:

Octopize Mimethik Data, a simplified joint stock company, with a capital of 305,809.00 euros, with a capital of 305,809.00 euros, whose head office is located at 48, BD LELASSEUR 44000 NANTES, registered in the NANTES Trade and Companies Register under number 839 370 681.

Publishing director:

Olivier Breillacq, in his capacity as president of Octopize - olivier@octopize.io.

Hosting: Gandi.net

63-65 Boulevard Massena, 75013 PARIS

Webmaster: Gabrielle Crolard - gabrielle@octopize.io 

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

PREAMBLE

OCTOPIZE Mimethik Data, a simplified joint stock company, with a capital of 230,000 euros, with a capital of 230,000 euros, whose head office is located at 48, BD LELASSEUR 44000 NANTES, registered in the NANTES Trade and Companies Register under number 839 370 681, represented by Olivier BREILLACQ in his capacity as President (hereinafter “the Company”).

The Company publishes and operates the following website: https://octopize.io (hereinafter “the Site”).

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ARTICLE 1 - OBJECT

The purpose of these General Terms of Use is to govern the methods of access and navigation on the Site and to determine the respective rights and obligations of the User (hereinafter “the User”) and of the Company.

Use of the Site is subject to consultation, acceptance and compliance with these General Terms of Use, which are accessible at any time on the Site. The General Terms of Use may be amended or supplemented at any time. Users of the Site are therefore invited to consult them regularly.

ARTICLE 2 - DESCRIPTION OF THE SERVICES PROVIDED

The purpose of the Site is to provide information concerning all of the Company's activities.

All the information indicated on the Site is given for information purposes only, and is not exhaustive. The information on the Site is subject to change and be modified.

As such, the Company strives to provide information on the Site that is as accurate as possible.

However, the Company cannot be held responsible for omissions, inaccuracies and deficiencies in the information provided, whether caused by itself or by third party partners of the Company who provide this information.

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ARTICLE 3 - ENTRY INTO FORCE - DURATION

These General Terms of Use are applicable as soon as the User accesses the Site or any content present on it. They will remain in force until the User ceases to use the Site.

Consequently, the User accepts, fully and without reservation, all of these General Conditions of Use of the Site as soon as he accesses and uses the Site.

Warning: If the User does not agree with all or part of the above (and the following), he is strongly advised not to use the Site.

The provisions of the General Terms of Use which, by their nature or their wording, are intended to continue to apply after the cessation of use of the Site for any reason whatsoever, namely in particular the provisions of the articles “Responsibility”, “Personal Data” and “Intellectual Property” will remain in force for the period necessary for their purpose.

ARTICLE 4 - CONDITION OF ACCESS TO THE SITE

Access to the Site is free, without registration or prior account creation.

The User of the Site undertakes to access the Site using recent equipment, free of viruses and with an updated last-generation browser.

Any use and/or access to the Site must be in compliance with these terms of use.

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ARTICLE 5 - DESCRIPTION OF THE CONTENTS AND SERVICES MADE AVAILABLE VIA THE SITE

The purpose of the Site is to:

to present the activities of the Company;

to publish articles, in particular on the subject of methods for anonymizing sensitive data;

to publish links to partners.

The contents made available on the Site are provided for information purposes only and are subject to change.

Users are invited to inform the Company of any fraudulent use of the Site of which they are aware and in particular of any content that violates these T&Cs or more generally the laws and regulations in force.

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ARTICLE 6 - OBLIGATIONS/RESPONSIBILITY

6.1. Obligations and responsibilities of the Company

The Company is bound by a general obligation of means in making the Site and its content available to the User. As such, the Company uses the technical solutions at its disposal to allow, as far as possible, access to the Site 24 hours a day and 7 days a week.

The Company may nevertheless at any time suspend, limit, interrupt access to the Site and/or to certain contents in order to carry out updates, changes in content or any other action deemed necessary for the proper functioning of the Site (in particular for maintenance or updating purposes), without being held liable in this respect.

Maintenance interventions may be carried out without Users being informed in advance.

In general, the Company cannot be held responsible in the event of a failure, failure, difficulty or interruption of operation preventing access to the Site and its content.

The equipment used by the User to connect to the Site is under his sole responsibility. The User must take all appropriate measures to protect their equipment and their own data against viral attacks via the Internet.

In any event, the Company is not responsible for:

In the event of technical, computer or compatibility problems or failures of the Site with any hardware or software used by the User;

Direct or indirect, material or intangible, foreseeable or unforeseeable damage resulting from access to the Site or the use of content by the User, accessible via the Site;

Any loss or damage resulting directly or indirectly from the use of the Site by the User himself, in particular through negligence, from the rules set out by the Company in the CGU;.

Interactive areas are available to Users on the Site. The Company reserves the right to delete, without notice, any content broadcast in this space that would violate the legislation applicable in France.

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6.2. User obligations and responsibilities

The User expressly undertakes to:

  • to use the Site on its equipment exclusively for personal and non-commercial use;
  • to respect the intellectual property rights of the Company and, where applicable, of its partners
  • to expressly renounce the use of software or devices that may interfere with the proper functioning of the Site;
  • not to set up systems likely to hack the Site and/or its content in whole or in part, or likely to violate these Terms of Use;
  • to inform the Company as soon as it becomes aware of any act of piracy and in particular of any illicit or non-contractual use of the Site and/or its content, regardless of the mode of distribution;

The User guarantees that the personal data communicated are accurate and in accordance with the regulations in force. As such, the Company declines all responsibility in the event of an error in entering contact details making it impossible to send an electronic message or exchange information with the User.

Non-compliance with the obligations thus defined constitutes a serious breach of the obligations of the User, which is likely to engage the User's liability.

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ARTICLE 7 - INTELLECTUAL PROPERTY

The Company guarantees that it owns all intellectual or industrial property rights to the content of the Site, in particular to the texts, images, graphics, logos, icons, sounds, software and are protected, for the whole world, by copyright, trademark law and, where applicable, by the law protecting the databases of which the Company and/or its partners are producers.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, even partial, regardless of the means or process used, is prohibited without the prior written authorization of the Company.

Only a right of use for private and non-commercial use, excluding any transfer of intellectual property rights of any kind whatsoever, is granted to the User.

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 and L.716-4 of the Intellectual Property Code.

ARTICLE 8 - PERSONAL DATA

In the context of the use of the Site by the User, the Company, acting as data controller, certifies that it only collects and processes personal data in accordance with law No. 78-17 of January 6, 1978, known as the Data Protection Act and the General Data Protection Regulation 2016/679 of April 27, 2016 (hereinafter the “GDPR”).

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  • The User navigates the Site;
  • The User contacts the Company and/or asks one or more questions in the interactive spaces provided for this purpose;
  • The User enters into a contractual relationship with the Company;
  • The User requests to receive the Company's newsletter.

In any event, the Company only collects personal information about the User for the needs of certain services offered by the Site.

The User's Personal Data is processed for the purposes of:

  • The analysis of navigation on the Site (see the Cookies article of these General Terms of Use);
  • Sending informative content and newsletters when the User provides their email address for this purpose;
  • The management and execution of the contractual relationship when the User enters into a contractual relationship with the Company;

The Company keeps Personal Data for the time necessary and proportionate to the achievement of the purposes for which they were collected and processed and in accordance with legal obligations.

When the User enters into a contractual relationship with the Company, the User's Personal Data is retained for the duration of the contractual relationship and for the applicable limitation period (5 years).

Personal Data relating to accounting is kept for a period of 10 years in accordance with applicable legal and fiscal obligations.

Personal Data collected for commercial prospecting purposes is kept for a period of 3 years from the last contact with the person concerned.

Personal Data is collected and processed by the Company and its staff and, where applicable, communicated to third parties, acting as subcontractors of the Company within the meaning of the RGPD for the purposes of hosting, contact management, contact management, communication and management of the Site. In any event, subcontractors are subject to the same security obligations as the Company.

In this respect, when the Company uses the services of third party service providers, it enters into contracts that require them to implement appropriate technical and organizational measures to protect the personal data that they may process on behalf of the Company.

No personal data is transferred outside the European Union.

In addition, the Company undertakes to put in place appropriate technical and organizational measures to ensure the protection of data and to allow Users to exercise their rights. In particular, the Company undertakes to take the necessary precautions to preserve the security and confidentiality of the data and, in particular, to prevent them from being distorted, damaged or communicated to unauthorized persons.

The User has, at any time, a right of access, a right of rectification, a right of rectification, a right of deletion, a right of portability and a right to oppose his Personal Data by sending an email to the address: dpo@octopize-md.com.

In the event of a complaint, the User may contact the CNIL, which is the competent authority for the protection of personal data, whose contact details are as follows: 3 Place de Fontenoy, 75007 Paris.

ARTICLE 9 - HYPERTEXT LINKS AND COOKIES

9.1 Hypertext links

The Site contains a number of hypertext links to other sites, set up with the authorization of third party companies. However, the Company is not in a position to verify the content of the sites visited in this way, and will therefore assume no responsibility for the content published on these third party sites.

9.2 Absence of cookies

The Site does not use audience measurement cookies.

ARTICLE 10 - MISCELLANEOUS

10.1 Partial invalidity of a provision

If a clause or provision of these General Terms of Use is deemed illegal or invalid by a competent court, the invalidity of the clause will not affect the validity of the other provisions of these General Terms of Use.

10.2 Complaints and contact

For any question or request for information relating to the Site or to these General Terms of Use, the User may contact the Company by the following means

- By email: contact@octopize.io

- By registered mail with acknowledgement of receipt to the address: 48, BD LELASSEUR 44000 NANTES

ARTICLE 10 - APPLICABLE LAW AND JURISDICTION

Use of the Site is subject to French law.

Any dispute, any dispute or any action in connection with the conclusion, interpretation, execution or termination of these General Conditions of Use, or arising from them, must be the subject of an amicable solution.

In the absence of an amicable solution, within a period of sixty (60) days from the notification of the dispute by one of the Parties, the dispute will be subject to the exclusive jurisdiction of the courts of Nantes, and where applicable, of the courts of appeal of which this court is a member.