Customer: any professional or natural person who is capable within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Website that is the subject of these general terms and conditions.
Benefits and Services: https://www.clayrtons.com makes the following available to Customers:
Content: All the elements constituting the information presented on the Website, in particular texts – images – videos.
Customer information: Hereinafter referred to as “Information”, this corresponds to all personal data that may be held by https://www.clayrtons.com for the purposes of managing your account, managing customer relations, and analysis and statistics.
User: A person accessing the aforementioned website via the Internet.
Personal information: “Information that permits, in any form whatsoever, either 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”, “subcontractor” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: no. 2016-679).
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, the identity of the various participants is specified to users of the website https://www.clayrtons.com in the context of its publication and monitoring:
Owner: SA CLAYRTON’S Share capital of €126,000 VAT number: FR 44 334 862 570 – 41 Rue St-Antoine, 59100 Roubaix, France
Publishing Manager: CLAYRTON’S – firstname.lastname@example.org
The publishing manager is a natural person or a legal entity.
Webmaster: Tiphaine Gilles – email@example.com
Host: ovh – 2 rue Kellermann, 59100 Roubaix 1007, France
Data Protection Officer: Stéphane Tharreau – firstname.lastname@example.org
2. General conditions of use of the website and services offered.
The Website constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and the applicable International Regulations. The Customer may not in any way reuse, assign or exploit all or part of the elements or works on the Website for its own account.
Use of the https://www.clayrtons.com website implies full acceptance of the general conditions of use described below. These conditions of use may be modified or added to at any time. Users of the https://www.clayrtons.com website are thus encouraged to consult these conditions on a regular basis.
This website is normally accessible to users at any time. However, https://www.clayrtons.com may decide to interrupt the service for technical maintenance. This being the case, they will endeavour to notify users of the dates and times of the maintenance work in advance. The website https://www.clayrtons.com is regularly updated by https://www.clayrtons.com management. Similarly, the legal notices may be modified at any time. However, these will still be binding on the user, who is encouraged to refer to them as often as possible to stay abreast of any such changes.
3. Description of the services provided.
The purpose of the website https://www.clayrtons.com is to provide information relating to all of the company’s activities. https://www.clayrtons.com strives to provide information that is as accurate as possible on the https://www.clayrtons.com website. However, it shall not be held liable for any omissions, inaccuracies or shortcomings in the updated information, whether this information has been provided by the company itself or by a third party.
All the information on the https://www.clayrtons.com website is provided for information purposes only and is subject to change. In addition, the information displayed on the https://www.clayrtons.com website is not exhaustive, and is subject to changes following its publication online.
4. Contractual limitations on technical data.
The aim is to provide a service that ensures the best accessibility rate. The host ensures that the service remains online 24 hours a day and 365 days a year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, in particular for the purposes of maintenance, improving its infrastructures, following a breakdown of its infrastructures, or if the Benefits and Services generate traffic that is considered abnormal.
https://www.clayrtons.com and the host may not be held liable in the event of a malfunction of the Internet network, telephone lines or IT and telephone equipment linked in particular to congestion of the network preventing access to the server.
5. Intellectual Property and Counterfeiting.
https://www.clayrtons.com owns the intellectual property rights and holds the rights of use for all elements accessible on the website, in particular text, images, graphics, logos, videos, icons and sound. Any reproduction, modification, publication or adaptation of all or part of the elements of the website, regardless of the means or process, is strictly prohibited without prior written permission from: https://www.clayrtons.com.
Any unauthorised exploitation of the website or any of its elements shall be deemed to constitute an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitations of Liability.
https://www.clayrtons.com may not be held liable for direct or indirect damage caused to the user’s equipment when accessing the https://www.clayrtons.com website and resulting either from use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or a systems incompatibility.
https://www.clayrtons.com may also not be held liable for indirect damage (such as, for example, a loss of market or loss of opportunity) resulting from the use of the https://www.clayrtons.com website. Interactive sections (with the opportunity to ask questions in the contact section) are available to users. https://www.clayrtons.com reserves the right to delete, without prior notice, any content uploaded to these sections that breaches the legislation applicable in France, in particular the provisions relating to data protection. If applicable, https://www.clayrtons.com also reserves the right to hold the user criminally or civilly liable, in particular in the case of racist, abusive, defamatory or pornographic posts, regardless of the medium used (text, photograph, etc.).
7. Personal data management.
The Customer is informed of the regulations concerning marketing communication, the Law of 21 June 2014 on trust 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 Persons responsible for collecting personal data
For Personal Data collected in connection with the creation of the User’s personal account and its browsing of the Website, the Personal Data controller is: CLAYRTON’S. https://www.clayrtons.com is represented by its legal representative, LEPOUTRE
As the controller of the data it collects, https://www.clayrtons.com undertakes to comply with the legal provisions in force. In particular, it must inform the Customer of the reasons for this data processing, provide its prospects and customers with complete information on the processing of their personal data after obtaining their informed consent, and maintain an accurate register of processing operations. Every time https://www.clayrtons.com processes Personal Data, it will take all reasonable measures to ensure the accuracy and relevance of the purposes for which this Personal Data is processed.
7.2 Purpose of the data collected
https://www.clayrtons.com may process all or part of the data for the following purposes:
- to enable browsing on the Website and the management and traceability of the benefits and services initiated by the user: login and Website usage data, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): IT equipment used for browsing, IP address, password (hashed)
- to improve browsing on the Website: login and website usage data
- to conduct optional satisfaction surveys on https://www.clayrtons.com: email address
- to carry out communication campaigns (text message, email): telephone number, email address
https://www.clayrtons.com does not market your personal data. These are hence used only out of necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and objection
In accordance with current European regulations, Users of https://www.clayrtons.com have the following rights:
- right of access (Article 15 GDPR) and right of rectification (Article 16 GDPR), right to update, right to add to Users’ data, right to block or erase Users’ personal data (Article 17 GDPR) when these data are inaccurate, incomplete, ambiguous, obsolete, or if their collection, use, communication or retention is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to limit the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of Users’ data (Article 21 GDPR)
- right to the portability of the data that Users have provided, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to determine the fate of Users’ data after their death and to select a previously designated third party to whom https://www.clayrtons.com must communicate (or not) its data
As soon as https://www.clayrtons.com becomes aware of the death of a User, and in the absence of instructions from him/her, https://www.clayrtons.com undertakes to destroy this User’s data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://www.clayrtons.com uses its Personal Data, or would like to request the correction of their data or object to its processing, he/she may contact https://www.clayrtons.com in writing at the following address:
CLAYRTON’S – DPO, Stéphane Tharreau
41 Rue St-Antoine, 59100 Roubaix, France.
In this case, the User must indicate the Personal Data that he/she would like https://www.clayrtons.com to correct, update or delete by identifying himself/herself precisely with a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the legal obligations to which https://www.clayrtons.com is subject, in particular with regard to the retention or archiving of documents. Finally, Users of https://www.clayrtons.com may lodge a complaint with the supervisory authorities, in particular the French Data Protection Authority (CNIL) (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.clayrtons.com undertakes not to process, host or transfer the Information collected about its Customers to a country located outside the European Union or recognised as “inappropriate” by the European Commission, without first informing the customer. However, https://www.clayrtons.com remains free to choose its technical and commercial subcontractors provided that it offers sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.clayrtons.com undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Customer’s Information is brought to the attention of https://www.clayrtons.com, the latter must inform the Customer as soon as possible and apprise it of the corrective measures taken. Moreover, https://www.clayrtons.com does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://www.clayrtons.com and subcontractors (service providers), solely for the purposes of this policy.
Within the limits of their respective powers and for the purposes stated above, the main persons likely to have access to data of the Users of https://www.clayrtons.com are our customer service agents.
8. Incident notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident reporting procedures take into account our national and European legal obligations. 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 comply with their own regulatory reporting requirements.
No personal information about users of the website https://www.clayrtons.com is unknowingly published, exchanged, transferred, assigned or sold to third parties via any medium. Only the theoretical buyback of https://www.clayrtons.com and its rights would enable the transmission of said information to the potential purchaser, which would in turn be bound by the same obligations in terms of storing and modifying users’ data.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.clayrtons.com uses networks protected by standard systems such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://www.clayrtons.com takes all reasonable measures to protect these data from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Cookies (hyperlinks) and tags
The https://www.clayrtons.com website contains a number of hyperlinks to other websites, which are set up with the permission of https://www.clayrtons.com. However, https://www.clayrtons.com is not able to check the content of the websites visited via hyperlinks, and therefore assumes no liability in this regard.
Unless you decide to disable cookies, you agree that the website may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the website.
A «cookie» is an information file sent to the User’s browser and stored in the User’s device (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 do not pose any risk of damage to the User’s device.
https://www.clayrtons.com may process the User’s information concerning his/her visit to the Website, such as pages viewed or searches carried out. This information allows https://www.clayrtons.com to improve the content of the Website and the User’s navigation of it.
If the User refuses to store Cookies on his/her device or browser, or if the User deletes those Cookies already stored on it, he/she is informed that his/her navigation and experience on the Website may be restricted. This could also be the case when https://www.clayrtons.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country in which the device appears to be connected to the Internet.
Where necessary, https://www.clayrtons.com declines any responsibility for consequences related to the degraded operation of the Website and any services offered by https://www.clayrtons.com resulting from (i) the User’s refusal to store Cookies, or (ii) the fact of https://www.clayrtons.com being unable to save or consult the Cookies necessary to perform their function due to the User’s discretionary choice. The management of Cookies and User choices is configured differently for each browser. The browser’s help menu provides Users with a description of how to change their Cookie preferences.
The User may choose to express and change his/her Cookie preferences at any time. https://www.clayrtons.com may also engage external providers to help collect and process the information described in this section.
Finally, by clicking on the Twitter, Facebook, LinkedIn and Google Plus social media icons displayed on the https://www.clayrtons.com website or in its mobile application, and if the User has accepted cookies by continuing to browse the https://www.clayrtons.com Website or the mobile application, Twitter, Facebook, LinkedIn and Google Plus can also store cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only stored on your devices if you give your consent by continuing to browse the https://www.clayrtons.com Website or mobile application. However, the User may withdraw his/her consent for https://www.clayrtons.com to store this type of cookie at any time.
Article 9.2. TAGS
https://www.clayrtons.com may occasionally use “tags” (also known as “action tags”, “single-pixel GIFs”, “transparent GIFs”, “invisible GIFs”, and “one-by-one GIFs”) and deploy them via a specialist web analytics partner who may be located in a foreign country (and therefore store the corresponding information, including the User’s IP address).
These tags are placed both in online advertisements enabling Internet users to access the Website, and on the various pages thereof.
This technology allows https://www.clayrtons.com to assess visitors’ responses to the Website and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the use of the Website by the User.
The external service provider may collect information about visitors to this and other websites using these tags, compile reports on Website activity for the attention of https://www.clayrtons.com, and provide other services related to both the use of the website and of the Internet.
10. Applicable Law and Jurisdiction.
Any dispute relating to the use of the https://www.clayrtons.com website is subject to French law. Aside from instances where the law does not allow it, exclusive jurisdiction is assigned to the competent courts of ROUBAIX.
Utilisation des données personnelles collectées
The visit of the login page defines a temporary cookie that facilitates compatibility with other connection methods. This cookie does not contain any personal data and expires after one hour.
The IP address of the visitors, the ID of the connected users and the login attempts are recorded conditionally to check the malicious activity and protect the site against specific types of attacks. Examples of conditions during login: login attempts, logout requests, suspicious URL requests, site content changes, and password updates. This information is stored for 60 days.
Using and transmitting your personal data