Pursuant to article 6 of law 2004-575 of 21 June 2004 on confidence in the digital economy, the users of the www.zest-haccp.fr website, hereinafter referred to as “the website”, are hereby informed of the identity of the different parties involved in development and monitoring of the site:
This site is normally available to users at all times. Downtime for technical maintenance may however be decided by zest HACCP, who will then seek to inform users beforehand of the dates and times of the maintenance work. The site is regularly updated. The legal notices may also be amended at any time: They nonetheless apply to users who are advised to refer to them as often as possible in order to be aware of their content.3. DESCRIPTION OF THE SERVICES PROVIDED
The purpose of the site is to provide information concerning the zest application developed by the company zest HACCP. zest HACCP seeks to provide very precise information on the website, but cannot be held liable for any omissions, inaccuracies and deficiencies in updating, whether these are due to zest HACCP or to third-party partners who provide such information. All the information provided on the site is provided for guidance only and may change. Moreover, the information provided on the site is not exhaustive. It is provided subject to any amendments that may have been made since it was posted online.4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
zest HACCP owns the intellectual property rights or holds user rights to all the items available on the site, in particular text, images, graphic design, logos, icons, sounds, software. Any reproduction, representation, amendment, publication, adaptation of all or part of the items on the website, irrespective of the means or process used, is forbidden except with the prior written authorisation of zest HACCP. Any unauthorised use of the website or of any items making up the website shall be considered as infringement and prosecuted in compliance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.6. LIMITATION OF LIABILITY
zest HACCP does not accept any liability for direct and indirect damages caused to the user’s computer during access to the site, arising either from use of a computer that does not meet the requirements stipulated in point 4 or from a bug or incompatibility. In addition, zest HACCP cannot be held liable for indirect damages (such as, for example, loss of business or loss of opportunity) arising from use of the site.
Interactive spaces (opportunity to ask questions in the contact area) are available to users. Without any prior warning, zest HACCP reserves the right to delete any content published in this space which does not comply with the applicable legislation in France, in particular provisions on data privacy. As the case may be, zest HACCP also reserves the right to claim civil and/or criminal liability of users, in particular if they post racist, offensive, libellous or pornographic messages, irrespective of the medium used (text, photographs…).7. MANAGEMENT OF PERSONAL INFORMATION
In France, personal information is protected in particular by law 78-87 of 6 January 1978, law 2004-801 of 6 August 2004, article L. 226-13 of the Penal Code and the European Directive of 24 October 1995. During use of the website, the following information may be collected: The URL of the links through which the user accesses the site, the Internet service provider of the user, the Internet Protocol address (IP) of the user. In any event, zest HACCP collects personal information concerning users only for the requirements of some of the services made available on the site. Users knowingly provide such information, in particular where they enter such information themselves. Website users are then informed of whether the information is compulsory or not. In compliance with the provisions of articles 38 et seq. of law 78-17 of 6 January 1978 on information technology, files and data privacy, all users have a right of access, correction and opposition regarding personal data concerning them, by means of a signed written request sent with a copy of an identity document showing the signature of the holder and specifying the address to which the reply is to be sent. No personal information concerning website users is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Transfer of the said information to another party could arise only in the event of a transfer to the purchaser in the event of a purchase of zest HACCP and its rights, and the purchaser would in turn be subject to the same obligations regarding storage and amendment of data with respect to website users.
The website is not declared with the French Data Protection Authority (CNIL) as it does not collect personal information. The databases are protected by the provisions of the law of 1 July 1998 transposing directive 96/9 of 11 March 1996 on legal protection of databases.8. HYPERTEXT LINKS AND COOKIES
The site contains a number of hypertext links to other sites, implemented with the authorisation of zest HACCP. zest HACCP does not, however, have the possibility of checking the content of any sites visited and therefore disclaims any liability in this regard. Navigation on the site is likely to provoke installation of cookies on the user’s computer. A cookie is a small file that does not allow identification of the user, but that records information concerning navigation of a computer on a website. The data obtained in this manner are used to facilitate subsequent navigation on the website and also make it possible to carry out various site traffic measurements. Refusing to install a cookie may make it impossible to have access to certain services. Users may however set up their computers as follows to refuse to install cookies: In Internet Explorer: Tool tab (gear icon in top right-hand corner of the page) / internet options. Click on Confidentiality and choose Block all cookies. Click on Ok. In Firefox: At the top of the browser window, click on the Firefox button, then on the Options tab. Click on the Privacy tab. Choose the Remember History Rules on: Use custom settings for history. Finally, deselect to deactivate cookies. In Safari: Click on the top right-hand corner of the browser on the menu icon (gear symbol). Select Settings. Click on Show advanced settings. On the “Privacy” tab, click on content settings. In the “Cookies” section, you can block cookies. In Chrome: Click on the top right-hand corner of the browner on the menu icon (symbolised by three horizontal lines). Select Settings. Click on Show Advanced Settings. On the “Privacy” tab, click on preferences. On the “Privacy” tab, you can block cookies.9. APPLICABLE LAW AND JURISDICTION
Disputes related to use of the website are governed by French law. The competent courts in Bordeaux, France, shall have sole jurisdiction.10. MAIN LEGAL PROVISIONS
Law 78-17 of 6 January 1978, in particular as amended by law 2004-801 of 6 August 2004 on information technology, files and data privacy. Law 2004-575 of 21 June 2004 on confidence in the digital economy.11. LEXICON
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