ARTICLE 1. PARTIES
ARTICLE 2. DEFINITIONS
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"Internet user": any person connecting to the Site.
"Site": Internet site accessible at the URL www.waynium.com, as well as sub-sites, mirror sites, portals and variations of URLs related to it.
ARTICLE 3. SCOPE OF APPLICATION
The Internet user recognizes the value of evidence of automatic recording systems WAYNIUM and, unless he provides evidence to the contrary, he waives the right to challenge them in case of dispute.
ARTICLE 4. PERSONAL DATA
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on 14 April 2016 and the national legislation in force, WAYNIUM provides you with the following information:
4.1 Identity of the controller
The person responsible for the collection and processing of data is the company WAYNIUM, SAS, whose registered office is located at 34 Rue des Fossés Saint-Bernard, 75005 Paris, SIREN: 451 320 253.
4.2 Identity of the Data Protection Officer
The Data Protection Officer is Deshoulières Avocats Associés, 121 boulevard de Sébastopol 75002 Paris, tel: +184.108.40.206.82.03, firstname.lastname@example.org, www.deshoulieres-avocats.com.
4.3 Data Collection by WAYNIUM
4.3.1 Data collected
220.127.116.11 Data collected during navigation
When browsing the Site, you consent to WAYNIUM collecting information relating to:
- the use that is made of the Site ;
- your connection data (times, pages viewed, IP address).
4.3.2 Purposes of collecting personal data
The data collected during browsing is subject to automated processing for the purpose of :
- Verify the identity of the Internet user;
- Send information and contact Internet users, including by e-mail, telephone and push notification.
4.3.3 Legal basis for processing
4.3.4 Internal recipients of data
The data collected are only available to the members of the management of WAYNIUM, as well as to the staff responsible for the management of the website and the member's area, and are never made freely viewable by a third person.
4.3.5 Duration of storage of personal data
Personal data collected during browsing is kept for a reasonable period of time necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent by the persons concerned.
4.3.6 Security and confidentiality of personal data
Personal data is kept in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
4.3.7 Minimization of personal data
WAYNIUM may also collect and process any data voluntarily transmitted by an Internet User, in particular when sending an email to the contact address.
WAYNIUM directs Internet users as much as possible when they provide unnecessary or superfluous personal data.
WAYNIUM undertakes to keep and process only the data strictly necessary for its activities, and will delete any data received that is not useful as soon as possible.
4.4 Respect of rights
You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: email@example.com.
4.4.1 Right to information, access and communication of data
You have the right to access your personal data.
Because of the obligation of security and confidentiality in the processing of personal data that is incumbent on WAYNIUM, your request will only be processed if you provide proof of your identity, including the production of a scan of your valid identity document (in case of email request) or a signed photocopy of your valid identity document (in case of written request), both accompanied by the words "I certify on my honor that the copy of this identity document is in accordance with the original. Done at ... on ...", followed by your signature.
To help you in your approach, you will find here a model letter elaborated by the Cnil.
4.4.2 Right of correction, deletion and right to be forgotten
You have the right to request the correction, updating, blocking or deletion of your personal data that may be inaccurate, erroneous, incomplete or obsolete.
You can also define general and specific directives concerning the fate of your personal data after your death. If necessary, the heirs of a deceased person can demand that the death of their loved one be taken into account and/or that the necessary updates be made.
To help you in this process, you will find here a model letter drawn up by the Cnil.
4.4.3 Right to object to data processing
You have the right to object to the processing of your personal data.
To do so, you should send an email to the following address: firstname.lastname@example.org. In this email, you will have to specify the data that you wish to see deleted as well as the reasons justifying this request, except in the case of commercial prospecting.
4.4.4 Right to data portability
You have the right to receive the personal data you have provided us in a transferable, open and readable format.
4.4.5 Right to limit processing
You have the right to request that WAYNIUM's processing of your personal data be limited. This means that your data will only be stored and not used by WAYNIUM.
4.4.6 Withdrawal of consent
Your consent is required for WAYNIUM to process your data. However, you may withdraw your consent at any time. Such withdrawal will result in the deletion of your personal data.
The services requiring the processing of your data by WAYNIUM will nevertheless no longer be accessible.
4.4.7 Response time
WAYNIUM undertakes to respond to your request for access, rectification or opposition or any other request for additional information within a reasonable period of time which shall not exceed 1 month from the receipt of your request.
4.4.8 Complaint to the competent authority
If you consider that WAYNIUM is not complying with its obligations with respect to your personal information, you may lodge a complaint or request with the competent authority. In France, the competent authority is the Cnil to which you can send a request here.
4.5 Transfer of collected data
4.5.1 Transfer to partners
WAYNIUM informs you that we have recourse to authorized service providers to facilitate the collection and processing of the data you have communicated to us. These service providers may be located outside the European Union and have communication of data collected on the Site.
WAYNIUM has previously ensured the implementation by its providers of adequate safeguards and compliance with strict conditions regarding confidentiality, use and protection of data.
The Internet user consents to the data collected being transmitted by WAYNIUM to its partners and being processed by these partners within the framework of third-party services, namely:
4.5.2 Transfer upon request or court order
The User also agrees that WAYNIUM may disclose the collected data to any person upon request of a state authority or court order.
4.5.3 Transfer in connection with a merger or acquisition
ARTICLE 5. INTELLECTUAL PROPERTY
5.1 Legal protection of the Site's Content
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of WAYNIUM or its successors or assigns constitutes a violation of Books I and III of the Code of Intellectual Property and will be likely to give rise to legal proceedings for infringement
5.2 Contractual protection of the Site Content
The Internet user contractually undertakes to WAYNIUM not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 6. FINAL STIPULATIONS
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such event, the parties shall, to the extent possible, replace the invalidated provision with a valid provision consistent with the spirit and intent hereof.
WAYNIUM's failure to exercise its rights hereunder shall not be construed as a waiver of such rights.
These terms and conditions are offered in French.
6.5 Unfair Terms
The stipulations of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
ARTICLE 7. DISPUTES
7.1 Applicable law
In accordance with the order n°2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties shall be submitted to an approved mediator.
Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the FastArbitration Rules of the Digital Institute of Arbitration and Mediation.