Definitions
The terms defined below may be understood in the same way 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 natural person with legal capacity 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.
- User: an internet user connecting to the Site.
- Content: refers to all elements that constitute the information present on the Site, including texts, images, photos and videos.
- Services and Products: refers to all services and products sold by Explorates SAS.
- Client information: this term, hereinafter referred to as "Information", 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 Law No. 78-17 of 6 January 1978).
The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR, No. 2016-679).
1 - About the Site
In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, the identity of the various parties involved in the creation and management of 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 of use of the Site and services offered
The Site is an intellectual work protected by the French Intellectual Property Code and applicable international regulations.Under no circumstances may Clients or Users reuse, assign or exploit for their own account any or all of the elements or works on the Site.
Use of the Site constitutes full and unreserved acceptance of the general terms of use described below. These general terms of use may be amended or supplemented at any time without prior notice. Users of the Site are encouraged to consult them on a regular basis.
The Site is normally accessible to Users at all times. However, an interruption for technical maintenance purposes may be decided by the Site team, which will endeavour to communicate the dates and times of the work to Users in advance wherever possible.
The Site is updated on a regular basis. Similarly, the legal notices may be modified at any time; they are nonetheless binding on the User, who is encouraged to refer to them as often as possible in order to be aware of them.
3 - Description of services provided
The purpose of the Site is to provide information about all 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 shortcomings in updates, whether these are its own fault or the fault of third-party partners who provide it with such information.
All information given on the Site is provided 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 modifications made since it was published online by the Site team.
To use the Services and Products offered on the Site, Users must create an account reserved for each User. A request for such an account must be submitted to Explorates SAS, which has full discretion to accept or refuse the creation of such an account, without any right of appeal by the User or any obligation on the part of Explorates to provide reasons.
Users agree to provide the requested information in good faith, for the purpose of using Explorates' Services and Products. 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 material damage resulting from use of the Site. In addition, the User of the Site undertakes to access the Site using up-to-date equipment that is free from viruses and with a latest-generation, 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 best possible level of availability. The host guarantees continuity of its service 24 hours a day, 7 days a week. However, it reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services and Products generate traffic deemed abnormal.
Explorates SAS and the host cannot be held liable in the event of malfunction of the internet network, telephone lines or computer and telephony equipment, particularly due to network congestion preventing access to the server.
5 - Intellectual property and counterfeiting
Explorates SAS owns the intellectual property rights and holds the usage rights to all elements accessible on the Site, including texts, images, photos, graphics, logos, videos, icons and sounds.Any reproduction, representation, modification, publication or adaptation of all or part of the 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 deemed 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 a User's equipment when accessing the Site, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the occurrence of a bug or incompatibility.
Explorates SAS cannot be held liable for indirect damages 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 this space that violates applicable law in France, particularly provisions relating to data protection. Explorates SAS also reserves the right to hold the User civilly and/or criminally liable, in particular in the case of racist, abusive, defamatory or pornographic messages, regardless of the medium used (texts, photographs, videos, etc.).
7 - Personal data management
The User is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on confidence in the digital economy, the Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR, No. 2016-679).7.1 - Controllers of personal data collection
For 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 framework of applicable legal provisions as the controller of the data collected. In particular, it is Explorates SAS's responsibility to establish the purposes of its data processing activities, to provide its prospects and Clients with full information on the processing of their personal data upon obtaining their consent, and to maintain a processing register that accurately reflects reality.
Whenever Explorates SAS processes Personal Data, Explorates SAS takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes of the processing.
7.2 - Purpose of data collected
Explorates SAS may process all or part of the data:- to enable browsing on the Site and to manage and track the services and products ordered by the User: Site connection and usage data, Client billing, 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 conduct SMS or email communication campaigns: phone number and email address.
Explorates SAS does not sell Users' personal data. Such data is therefore used only 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 restrict or erase Users' personal data (GDPR, Article 17) where such data is inaccurate, incomplete, ambiguous, out of date, or where its collection, use, disclosure or storage 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 the data Users have provided, where such data is subject to automated processing based on their consent or on a contract (GDPR, Article 20);
- right to define what happens to Users' data after their death and to choose whether Explorates SAS should (or should not) communicate such data to a third party they have previously designated;
As soon as Explorates SAS becomes aware of the death of a User 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 comply with a legal obligation.
The User may contact Explorates SAS in writing via the contact form if they wish to know how Explorates SAS uses their Personal Data, to request its rectification, or to object to its processing.
In such a case, the User must specify the Personal Data they would like Explorates SAS to correct, update or delete, clearly identifying themselves with 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 the Information collected about its Clients to a country outside the European Union or recognised as "inadequate" by the European Commission without first informing the Client. However, Explorates SAS remains free 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 the Information and in particular to ensure that it is not disclosed 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".
The User's 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 responsibilities and for the purposes set out above, the main persons likely to have access to the data of Site Users are primarily the managers of Explorates SAS and the customer service staff of Explorates SAS.
8 - Incident notification
Despite all efforts 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 measures. 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 account and to provide them with all the information necessary to help them meet their own regulatory obligations.
No personal information belonging to a User of the Site 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 such information to be transferred to any prospective acquirer, who would in turn be bound by the same obligation to retain and modify the data with respect to the User of the Site.
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 steps 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, set up with the authorisation of Explorates SAS. However, Explorates SAS is not in a position to verify the content of the sites visited in this way, and therefore accepts no liability in this regard.Unless you choose to disable cookies, you accept that the Site may use them. You may disable these cookies at any time, free of charge, using the opt-out options available and described below, noting that doing so may reduce or prevent access to some or all of the Services and Products offered by the Site.
10.1 - Cookies
A "cookie" is a small information file 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 performed. This information enables Explorates SAS to improve the content of the Site and the User's browsing experience.
As 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 stored on their device or, conversely, rejected. The User may also configure their browser so that they are asked to accept or refuse cookies on a case-by-case basis, before a cookie is about to be stored on their device. Explorates SAS informs the User that in this case, some features of their browser software may not be available.
If the User refuses to allow cookies to be stored on their device or browser, or if the User deletes those already stored, the User is informed that their browsing and experience on the Site may be limited. This may also be the case when 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 the consequences related to the degraded functioning of the Site and the Services and Products offered, resulting from (i) the User's refusal of cookies, or (ii) the inability of Explorates SAS to store or access the cookies necessary for their operation due to the User's choice. Cookie management and User preferences vary according to each 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 the services of external providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the icons dedicated to social networks, in particular LinkedIn and Facebook, appearing on the Site or in its mobile application, and if the User has accepted the placement of cookies by continuing to browse the Explorates SAS website or mobile application, those social networks may also place cookies on the User's devices. These types of cookies are only placed on your devices subject to your consent. However, 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 specialist web analytics partner that 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 that allow internet users to access the Site, and on the various pages of the Site.
This technology enables Explorates SAS to evaluate visitors' responses to the Site and the effectiveness of its actions, as well as the User's use of the Site.
The external provider may collect information about visitors to the Site and other websites through these tags and compile activity reports 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 granted to the competent courts of Paris, except where the law does not permit this.