Terms of use

Definitions

Customer: any professional or capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Services: https://www.mgb.fr/ provides customers with :

Content: All the elements making up the information on the Site, in particular text – images – videos.

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

User: Internet user connecting to and using the above-mentioned site.

Personal information: “Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of January 6, 1978).

The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)

1. Website presentation.

In accordance with article 6 of French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the https://www.mgb.fr/ website are informed of the identity of the various parties involved in its creation and follow-up:

Owner: SA MGB – Share capital €1,500,000.00 VAT number: FR37605620640 – 105 Rue du Bargy, 74460 Marnaz
Publication manager: Bertrand Duby – 04 50 98 35 70
Conception : L’Comunik – Hub des Alpes – 37E Avenue des Massettes 73190 Challes-les-Eaux – bienvenue@lcomunik.com
Webmaster : Clicher – Savoie Hexapôle – 101 Rue Louis Armand, 73420 Méry – info@clicher.eu
Host : OVH Cloud – 2 rue Kellermann 59100 Roubaix 1007

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

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations.
The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.

Use of the https://www.mgb.fr/ website implies full acceptance of the general conditions of use described below. These conditions of use may be amended or supplemented at any time, so users of the https://www.mgb.fr/ website are advised to consult them regularly.

This website is normally accessible to users at all times. https://www.mgb.fr/ may, however, decide to interrupt the operation for technical maintenance reasons, in which case it will endeavour to inform users of the dates and times of the intervention in advance.
The https://www.mgb.fr/ website is regularly updated by https://www.mgb.fr/. In the same way, 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 take cognizance of them.

3. Description of services provided.

The purpose of the https://www.mgb.fr/ website is to provide information about all the company’s activities.
https://www.mgb.fr/ makes every effort to provide information on the https://www.mgb.fr/ website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or lack of updating, whether caused by itself or by third-party partners who provide it with this information.

All information on the https://www.mgb.fr/ website is provided for information purposes only, and is subject to change. Furthermore, the information provided on the https://www.mgb.fr/ website is not exhaustive. They are subject to any changes that may have been made since they were put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology.

The website cannot be held responsible for any material damage resulting from use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with an up-to-date browser.
The https://www.mgb.fr/ website is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)

The aim is to provide a service that ensures the highest level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible 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.

https://www.mgb.fr/ and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, notably due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

https://www.mgb.fr/ is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, notably texts, 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 forbidden, except with the prior written authorization of: https://www.mgb.fr/.

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

6. Limitation of liability.

https://www.mgb.fr/ acts as the site’s publisher. https://www.mgb.fr/ is responsible for the quality and accuracy of the Content it publishes.

https://www.mgb.fr/ cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the https://www.mgb.fr/ website, and 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.

https://www.mgb.fr/ cannot be held responsible for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the https://www.mgb.fr/ website.
Interactive areas (such as the possibility of asking questions in the contact area) are available to users. https://www.mgb.fr/ reserves the right to delete, without prior notice, any content posted in this area that contravenes French legislation, in particular provisions relating to data protection. Where applicable, https://www.mgb.fr/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).

7. Personal data management.

The Customer 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 as well as the General Data Protection Regulation (RGPD: n° 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected in connection with the creation of the User’s personal account and browsing on the Site, the party responsible for processing Personal Data is: MGB. https://www.mgb.fr/est represented by Bertrand Duby, its legal representative.

As the party responsible for processing the data it collects, https://www.mgb.fr/ undertakes to comply with the legal provisions in force. In particular, it is the customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers with full information on the processing of their personal data, once their consent has been obtained, and to maintain an accurate data processing register.
Whenever https://www.mgb.fr/ processes Personal Data, https://www.mgb.fr/ takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.mgb.fr/ processes it.

7.2 Purpose of the data collected

https://www.mgb.fr/ may process some or all of the following data:

• to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc.
• to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc.
• to improve browsing on the Site: connection and usage data
• to conduct optional satisfaction surveys on https://www.mgb.fr/: email address
• for communication campaigns (sms, e-mail): telephone number, e-mail address

https://www.mgb.fr/ does not sell your personal data, which is only used for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with current European regulations, users of https://www.mgb.fr/ have the following rights:

• right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users’ data right to block or delete Users’ personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
• right to withdraw consent at any time (article 13-2c RGPD)
• right to limit the processing of Users’ data (Article 18 RGPD).
• right to object to the processing of Users’ data (Article 21 RGPD).
• right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
• the right to determine what happens to Users’ data after their death, and to choose to whom https://www.mgb.fr/ should communicate (or not) their data to a third party that they have previously designated

As soon as https://www.mgb.fr/ becomes aware of a User’s death, and in the absence of any instructions from the User, https://www.mgb.fr/ undertakes to destroy the User’s data, unless its retention is necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how https://www.mgb.fr/ uses his/her Personal Data, ask to rectify them or object to their processing, the User may contact https://www.mgb.fr/ in writing at the following address:

MGB – DPO, Camille Le Caïnec
105 Rue du Bargy 74460 Marnaz. In this case, the User must indicate the Personal Data that he/she would like https://www.mgb.fr/ to correct, update or delete, identifying him/herself 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 https://www.mgb.fr/ by law, in particular as regards the retention or archiving of documents. Finally, https://www.mgb.fr/ users may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://www.mgb.fr/ will not process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognized as “non-adequate” by the European Commission without first informing the Customer. For all that, https://www.mgb.fr/ remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

https://www.mgb.fr/ undertakes to take all necessary precautions to protect the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if https://www.mgb.fr/ becomes aware of an incident affecting the integrity or confidentiality of the Customer’s Information, it shall inform the Customer as soon as possible and inform him of the corrective measures taken. What’s more, https://www.mgb.fr/ does not collect any “sensitive data”.

The User’s Personal Data may be processed by https://www.mgb.fr/ subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes described above, the main people likely to have access to https://www.mgb.fr/ user data are our customer service agents.

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. As a result, we cannot guarantee absolute safety.
If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their account, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.

No personal information about the user of the https://www.mgb.fr/ site is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://www.mgb.fr/ and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the https://www.mgb.fr/ site.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.mgb.fr/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, https://www.mgb.fr/prend takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links, cookies and internet tags

The https://www.mgb.fr/ website contains a number of hypertext links to other sites, set up with the authorization of https://www.mgb.fr/. However, https://www.mgb.fr/ is not in a position to check the content of sites visited in this way, and consequently assumes no responsibility in this respect.

Unless you decide to disable cookies, you accept that the site may use them. Unless you decide to deactivate cookies, you agree thatYou may deactivate these cookies at any time and free of charge using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site. the site can use them.

9.1. « COOKIES »

A “cookie” is a small data file sent to the User’s browser and stored on the User’s terminal (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 are in no way likely to damage the User’s terminal.

https://www.mgb.fr/ may process information concerning the User’s visit to the Site, such as pages consulted and searches carried out. This information enables https://www.mgb.fr/ to improve the content of the Site and the User’s browsing experience.

Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his or her browser to allow him or her 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 depending on the sender. The User may also configure his browser so that he is offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be stored on his terminal. https://www.mgb.fr/ informs the User that, in this case, not all functions of his browser may be available.

If the User refuses to accept cookies on his/her terminal or browser, or if the User deletes cookies stored on his/her terminal or browser, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case when https://www.mgb.fr/ 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 appears to be connected to the Internet.

Where applicable, https://www.mgb.fr/ declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by https://www.mgb.fr/, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://www.mgb.fr/ to save or consult the Cookies necessary for their operation due to the User’s choice. Each browser is configured differently to manage cookies and user choices. It is described in the browser’s help menu, which will show how the User can modify his or her wishes with regard to Cookies.

At any time, the User may choose to express and modify his or her wishes with regard to Cookies. https://www.mgb.fr/ may also call on 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, Facebook, Linkedin and Google Plus appearing on the https://www.mgb.fr/ website or in its mobile application, and if the User has accepted the deposit of cookies by continuing to navigate on the https://www.mgb.fr/ website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).

These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on the https://www.mgb.fr/ website or mobile application. However, the User may revoke his or her consent to https://www.mgb.fr/ depositing this type of cookie at any time.

Article 9.2. BALISES (“TAGS”) INTERNET

https://www.mgb.fr/ 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 via a specialist web analytics partner who may be located (and therefore store the relevant information, including the User’s IP address) in a foreign country.

These beacons are placed both in online advertisements enabling Internet users to access the Site, and on its various pages.

This technology enables https://www.mgb.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 User’s use of the Site.

The external service provider may possibly collect information on visitors to the Site and other websites using these tags, compile reports on Site activity for the attention of https://www.mgb.fr/, and provide other services relating to the use of this and the Internet.

10. Applicable law and attribution of jurisdiction.

Any dispute relating to the use of the site https://www.mgb.fr/ is subject to French law.
Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Annecy.