Definitions
The terms defined below have the same meaning whether used in the singular or the plural.- Site: refers to the website published by Explorates SAS and available at www.explorates.com.
- Client: refers to any professional or individual who is legally capable within the meaning of articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Site subject to these general terms and conditions.
- User: any internet user who connects to the Site.
- Content: refers to all elements that make up the information on the Site, including texts, images, photos and videos.
- Services and Offerings: refers to all services and offerings marketed by Explorates SAS.
- Client Information: this term, hereinafter referred to as "Information(s)", refers to all personal data that may be held by Explorates in connection with the management of Client accounts, customer relationship management, and for analytical and statistical purposes.
- Personal Information: this term refers to "information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of French Law No. 78-17 of 6 January 1978).
The terms "personal data", "data subject", "processor" and "sensitive data" have the meanings defined by the General Data Protection Regulation (GDPR, No. 2016-679).
1 - About the Site
In accordance with article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, the identity of the various parties involved in creating and operating the Site is set out below for Users:- Owner: Explorates SAS, 149 avenue du Maine, 75014 Paris.
- Publication Manager: Jean-Baptiste Clot.
- Host: Amazon Web Services, Tour Carpe Diem, 31 place des Corolles 92098, Paris-La Défense Cedex.
- Data Protection Officer: Jean-Baptiste Clot.
2 - General Terms and Conditions of Use of the Site and its Services
The Site is a creative work protected by intellectual property law and applicable international regulations.Under no circumstances may Clients or Users reuse, assign or exploit for their own benefit any or all of the elements or works found on the Site.
Use of the Site constitutes full and unreserved acceptance of the general terms and conditions of use described below. These general terms and conditions may be amended or supplemented at any time without notice. Users of the Site are encouraged to consult them regularly.
The Site is normally accessible to Users at all times. Interruptions for technical maintenance may however be decided by the Site team, which will make every effort to notify Users of the dates and times of any such work in advance.
The Site is updated regularly. Likewise, the legal notices may be amended at any time; they are nonetheless binding on the User, who is encouraged to refer to them as often as possible in order to stay informed.
3 - Description of Services Provided
The purpose of the Site is to provide information about all of the activities of Explorates SAS.Explorates SAS endeavours to provide information on the Site that is as accurate as possible. However, Explorates SAS cannot be held liable for omissions, inaccuracies or deficiencies in updates, whether caused by Explorates SAS itself or by third-party partners who supply such information.
All information provided on the Site is given for guidance purposes only and is subject to change. Furthermore, the information on the Site is not exhaustive. This information is provided subject to any amendments made since it was published by the Site team.
To use the Services and Offerings available on the Site, Users must create an individual account. Such an account must be requested from Explorates SAS, which has full discretion to accept or refuse the creation of an account, with no right of appeal on the part of the User and no obligation on the part of Explorates to provide reasons.
Users undertake to provide the required information in good faith for the purpose of using Explorates' Services and Offerings. Providing false information during registration, or registering on Explorates for the purpose of reverse engineering, will result in the immediate suspension of the User's account.
4 - Contractual Limitations on Technical Data
The Site uses JavaScript technology.Explorates SAS cannot be held liable for any material damage arising from use of the Site. Furthermore, Users of the Site undertake to access the Site using up-to-date equipment that is free of viruses and running a current, up-to-date web browser.
The Site is hosted by a provider within 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 deliver a service that ensures the highest possible level of availability. The hosting provider ensures the continuity of its service 24 hours a day, 7 days a week. It reserves the right, however, to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services and Offerings generate abnormally high traffic.
Explorates SAS and the hosting provider cannot be held liable in the event of malfunctions of the internet network, telephone lines, or computer and telecommunications equipment, particularly due to network congestion preventing access to the server.
5 - Intellectual Property and Counterfeiting
Explorates SAS owns all intellectual property rights and holds the rights of use over all elements accessible on the Site, including texts, images, photos, graphics, logos, videos, icons and sounds.Any reproduction, representation, modification, publication or adaptation of any or all elements of the Site, by any means or process whatsoever, is prohibited without prior written authorisation from Explorates SAS.
Any unauthorised use of the Site or any of the elements it contains will be considered an act of infringement and prosecuted in accordance with articles L.335-2 et seq. of the French Intellectual Property Code.
6 - Limitations of Liability
Explorates SAS acts as publisher of the Site. Explorates SAS is responsible for the quality and accuracy of the Content it publishes.Explorates SAS cannot be held liable for direct or indirect damage caused to the User's equipment when accessing the Site, resulting either from the use of equipment that does not meet the specifications set out in section 4, or from the occurrence of a bug or incompatibility.
Explorates SAS shall likewise not be held liable for any indirect damage arising from use of the Site.
Interactive spaces are available to Users for posting questions and comments. Explorates SAS reserves the right to remove, without prior notice, any content posted in these spaces that contravenes applicable legislation in France, in particular provisions relating to data protection. Explorates SAS also reserves the right to hold Users civilly and/or criminally liable, in particular in the case of racist, abusive, defamatory or pornographic content, regardless of the medium used (texts, photos, videos, etc.).
7 - Personal Data Management
Users are informed of the regulations concerning marketing communications, the French Law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR, No. 2016-679).7.1 - Controllers of Personal Data Collection
With regard to Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of Personal Data is Jean-Baptiste Clot. Explorates SAS is represented by Jean-Baptiste Clot, its legal representative.Explorates SAS undertakes to comply with the applicable legal framework as data controller for the data collected. It is the responsibility of Explorates SAS in particular to establish the purposes of its data processing activities, to provide its prospects and Clients — following collection of their consent — with complete information on the processing of their personal data, and to maintain a register of processing activities that accurately reflects reality.
Whenever Explorates SAS processes Personal Data, Explorates SAS takes all reasonable steps to ensure that the Personal Data is accurate and relevant for the purposes of the processing.
7.2 - Purposes of Data Collection
Explorates SAS may process all or part of Users' data:- to enable browsing on the Site and to manage and track the services and offerings ordered by the User: connection and site usage data, Client invoicing, Client order history, etc.;
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password, etc.;
- to improve browsing on the Site: connection and usage data, etc.;
- to conduct optional satisfaction surveys about Explorates SAS: email address, etc.;
- to run SMS or email communication campaigns: telephone number and email address.
Explorates SAS does not sell Users' personal data. Such data is therefore used solely out of necessity or for statistical and analytical purposes.
7.3 - Right of Access, Rectification and Objection
In accordance with applicable European regulations, Users of the Site have the following rights:- right of access (GDPR, article 15) and rectification (GDPR, article 16), updating and completion of Users' data; right to have Users' personal data blocked or erased (GDPR, article 17) when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication or retention is prohibited;
- right to withdraw consent at any time (GDPR, article 13-2c);
- right to restriction of processing of Users' data (GDPR, article 18);
- right to object to the processing of Users' data (GDPR, article 21);
- right to data portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (GDPR, article 20);
- right to determine what happens to Users' data after their death and to choose whether Explorates SAS should (or should not) communicate their data to a third party they have previously designated;
Upon becoming aware of a User's death, and in the absence of instructions from that User, Explorates SAS undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to fulfil a legal obligation.
Users may contact Explorates SAS in writing via the contact form if they wish to know how Explorates SAS uses their Personal Data, request its rectification, or object to its processing.
In that case, the User must specify the Personal Data they wish Explorates SAS to correct, update or delete, and must provide precise identification including a copy of a valid identity document (national identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on Explorates SAS by law, in particular with regard to the retention or archiving of documents. Users of the Site may lodge a complaint with the relevant supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 - Non-Disclosure of Personal Data
Explorates SAS undertakes not to process, host or transfer Information collected from its Clients to a country outside the European Union or deemed "inadequate" by the European Commission without first informing the Client. Explorates SAS remains free, however, to choose its technical and commercial subcontractors, provided they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR, No. 2016-679).Explorates SAS undertakes to take all necessary precautions to preserve the security of Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Client Information comes to the attention of Explorates SAS, Explorates SAS must notify the Client as soon as possible and communicate the corrective measures taken. Furthermore, Explorates SAS does not collect any "sensitive data".
Users' Personal Data may be processed by subsidiaries of Explorates SAS and by subcontractors (service providers), exclusively for the purposes set out in this policy.
Within the limits of their respective roles and for the purposes referred to above, the main parties likely to have access to the data of Site Users are principally the management of Explorates SAS and the customer service staff of Explorates SAS.
8 - Incident Notification
Despite every effort made, no method of transmission over the Internet and no method of electronic storage is completely secure. Explorates SAS therefore cannot guarantee absolute security.If Explorates SAS becomes aware of a security breach, Explorates SAS will notify the affected Users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations at both national and European level. Explorates SAS undertakes to keep its Clients fully informed of all matters relating to the security of their accounts and to provide them with all the information necessary to help them meet their own regulatory obligations.
No personal information of Site Users is published without the User's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the acquisition of Explorates SAS and its rights would allow the transfer of such information to a potential acquirer, who would in turn be bound by the same obligation of data retention and modification with respect to Site Users.
9 - Security
Explorates SAS uses networks protected by standard security measures such as firewalls, pseudonymisation, encryption and passwords to ensure the security and confidentiality of Personal Data.When processing Personal Data, Explorates SAS takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
10 - Hyperlinks, Cookies and Internet Tags
The Site contains a number of hyperlinks to other websites, put in place with the authorisation of Explorates SAS. However, Explorates SAS has no ability to verify the content of those websites and therefore accepts no liability in this regard.Unless you choose to disable cookies, you agree that the Site may use them. You may disable these cookies at any time and free of charge using the opt-out options available to you and described below, although this may reduce or prevent access to some or all of the Services and Offerings provided by the Site.
10.1 - Cookies
A "cookie" is a small piece of information sent to the User's browser and stored on the User's device, whether a computer or a smartphone. This file contains 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 cannot under any circumstances damage the User's device.Explorates SAS may process information about the User's visit to the Site, such as pages viewed and searches carried out. This information allows Explorates SAS to improve the content of the Site and the User's browsing experience.
Since cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure their browser to decide whether or not to accept cookies, so that cookies are either stored on their device or rejected. Users may also configure their browser so that they are asked, on a case-by-case basis, whether to accept or refuse cookies before a cookie is stored on their device. Explorates SAS informs Users that in this case, some browser features may not be fully available.
If the User refuses to allow cookies to be stored on their device or browser, or if the User deletes cookies already stored there, the User is informed that their browsing and experience on the Site may be limited. This may also be the case where Explorates SAS or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the internet.
Where applicable, Explorates SAS accepts no liability for consequences arising from the degraded performance of the Site and the Services and Offerings, resulting from (i) the User's refusal of cookies or (ii) Explorates SAS's inability to store or access the cookies necessary for their operation due to the User's choice. Cookie management and User preferences vary depending on the browser. The procedure is described in the browser's help menu.
At any time, the User may choose to express and modify their cookie preferences. Explorates SAS may also engage external service providers to help collect and process the information described in this section.
Finally, by clicking on the social media icons — in particular LinkedIn and Facebook — appearing on the Site or in its mobile application, and if the User has consented to the use of cookies by continuing to browse the Explorates SAS website or mobile application, the social media networks visited may also place cookies on the User's devices. These types of cookies are only placed on your devices subject to your consent. The User may withdraw their consent at any time.
10.2 - Internet Tags
Explorates SAS may occasionally use internet tags (also known as "tags") and deploy them through a partner specialising in web analytics, which may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.These tags are placed both in online advertisements enabling internet users to access the Site, and on the various pages of the Site.
This technology enables Explorates SAS to assess visitor responses to the Site and the effectiveness of its actions, as well as Users' use of the Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, and compile activity reports about the Site for Explorates SAS.
11 - Applicable Law and Jurisdiction
Any dispute relating to the use of the Site is subject to French law.Exclusive jurisdiction is assigned to the competent courts of Paris, except where prohibited by law.