Terms and
conditions

Definitions

Customer: any professional or capable individual within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions.
Services: https://www.dcbrain.com makes available to the Customers :

Contents: All the elements constituting the information on the Site, in particular texts – images – videos.

Customer information: Hereinafter referred to as “Information (s)” which corresponds to all the personal data likely to be held by https://www.dcbrain.com for the management of your account, the management of the customer relationship and for analysis and statistical purposes.

User: Internet user logging on, using the aforementioned site.

Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies” (article 4 of law no. 78-17 of 6 January 1978).

The terms “personal data”, “person concerned”, “subcontractor” and “sensitive data” have the meaning defined by the General Regulations on Data Protection (RGPD: n° 2016-679).

1. Presentation of the website.

Pursuant to Article 6 of Law 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.dcbrain.com website are informed of the identity of the various parties involved in its creation and monitoring:

Owner: SAS DCbrain Share capital of 108119€ VAT number: FR805052735 – 35 RUE DU BAC 92600 92600 ASNIERES SUR SEINE

Publication manager: DCbrain – contact@dcbrain.com
The person responsible for publication is a natural person or a legal entity.
Webmaster: Franck Kerbiriou – franck.kerbiriou@dcbrain.com
Hosting: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Nathalie Schäfer – nathalie.schaefer@dcbrain.com

2. General conditions of use of the site and the services offered.

The Site is an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations.
The Client may in no way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.

Use of the https://www.dcbrain.com website implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the https://www.dcbrain.com site are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, https://www.dcbrain.com may decide to interrupt it for technical maintenance, in which case it will endeavour to inform users in advance of the dates and times of the intervention.
The https://www.dcbrain.com website is regularly updated by https://www.dcbrain.com responsible. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.

3. Description of the services provided.

The purpose of the https://www.dcbrain.com website is to provide information concerning all of the company’s activities.
https://www.dcbrain.com endeavours to provide information on the https://www.dcbrain.com website that is as accurate as possible. However, it may not be held responsible for omissions, inaccuracies and shortcomings in updating, whether caused by itself or by the third party partners who provide it with this information.

All the information indicated on the https://www.dcbrain.com website is given for information purposes only and is subject to change. Furthermore, the information on the https://www.dcbrain.com website is not exhaustive. It is given subject to modifications that have been made since it was put online.

4. Contractual limitations on technical data

The site uses JavaScript technology.

The website cannot be held responsible for any material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a latest-generation, up-to-date browser.
The https://www.dcbrain.com website is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: n° 2016-679).

The objective is to provide a service that ensures the best possible rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services generate traffic deemed abnormal.

https://www.dcbrain.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeits.

https://www.dcbrain.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written authorisation of: https://www.dcbrain.com.

Any unauthorised use of the site or of any of the elements it contains will be considered as an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability.

https://www.dcbrain.com acts as the publisher of the site. https://www.dcbrain.com is responsible for the quality and truthfulness of the Content it publishes.

https://www.dcbrain.com cannot be held responsible for any direct or indirect damage caused to the user’s equipment, when accessing the https://www.dcbrain.com website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

https://www.dcbrain.com can also not be held responsible for indirect damage (such as for example a loss of market or loss of opportunity) resulting from the use of the https://www.dcbrain.com website.
Interactive spaces (possibility to ask questions in the contact space) are available to users. https://www.dcbrain.com reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://www.dcbrain.com also reserves the right to question the civil and/or criminal liability of the user, in particular in the case of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).

7. Management of personal data.

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the digital economy, the Data Protection Act of 6 August 2004 and the General Regulations on Data Protection (RGPD: n° 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected in the context of the creation of the User’s personal account and his navigation on the Site, the person responsible for processing Personal Data is: DCbrain. https://www.dcbrain.com  is represented by Arnaud de Moissac, its legal representative.

As the person responsible for processing the data it collects, https://www.dcbrain.com undertakes to respect the framework of the legal provisions in force. In particular, it is incumbent on the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality.
Whenever https://www.dcbrain.com processes Personal Data, https://www.dcbrain.com takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which https://www.dcbrain.com processes them.

7.2 Purpose of the collected data.

https://www.dcbrain.com may process all or part of the data:

  • to enable browsing on the Site and the management and traceability of the services ordered by the user: connection and Site use data, invoicing, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hash), etc.
  • to improve navigation on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://www.dcbrain.com : email address
  • to carry out communication campaigns (sms, email): telephone number, email address

https://www.dcbrain.com does not market your personal data, which are therefore only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, the Users of https://www.dcbrain.com have the following rights:

  • right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completion of Users’ data right to block or erase Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is forbidden
  • the right to withdraw consent at any time (Article 13-2c RGPD)
  • right to limit the processing of Users’ data (Article 18 RGPD)
  • right to object to the processing of Users’ data (Article 21 RGPD)
  • the right to the portability of the data provided by the Users, when these data are subject to automated processing based on their consent or on a contract (article 20 RGPD)
  • the right to determine the fate of the Users’ data after their death and to choose to whom https://www.dcbrain.com should communicate (or not) their data to a third party that they have previously designated

As soon as https://www.dcbrain.com becomes aware of the death of a User and in the absence of instructions from him/her, https://www.dcbrain.com undertakes to destroy his/her data, except if their conservation proves to be necessary for probationary purposes or to meet a legal obligation.

If the User wishes to know how https://www.dcbrain.com uses his Personal Data, to ask to rectify them or to oppose their treatment, the User can contact https://www.dcbrain.com in writing at the following address:

DCbrain – DPO, Nathalie Schäfer
35 RUE DU BAC 92600 92600 ASNIERES SUR SEINE.
In this case, the User must indicate the Personal Data that he or she would like https://www.dcbrain.com to correct, update or delete, identifying himself or herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.dcbrain.com by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://www.dcbrain.com may lodge a complaint with the control authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

 

https://www.dcbrain.com will not process, host or transfer the Information collected about its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without prior notice to the Customer. However, https://www.dcbrain.com remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (RGPD: n° 2016-679).

https://www.dcbrain.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.dcbrain.com, the latter must inform the Customer as soon as possible and inform him/her of the corrective measures taken. Moreover https://www.dcbrain.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of https://www.dcbrain.com and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of https://www.dcbrain.com Users are mainly the agents of our customer service.

7.5 Types of data collected

https://www.dcbrain.com also collects information to improve the user experience and to provide contextualized advice :
Name, First name, Email

This data is kept for a maximum period of 24 months after the end of the contractual relationship.

8. Incident notification

No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot 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 notification procedures take into account our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the ecurity of their accounts and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information of the user of the https://www.dcbrain.com website is published without the user’s knowledge, exchanged, transferred, ceded or sold in any medium whatsoever to third parties. Only the hypothesis of the purchase of https://www.dcbrain.com and its rights would allow the transmission of the said information to the potential purchaser who would in turn be bound by the same obligation to preserve and modify the data with regard to the user of the https://www.dcbrain.com site.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.dcbrain.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.

When processing Personal Data, https://www.dcbrain.com takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hypertext links “cookies” and internet tags

The https://www.dcbrain.com site contains a certain number of hypertext links to other sites, set up with the authorisation of https://www.dcbrain.com. However, https://www.dcbrain.com is not able to verify the content of the sites thus visited, and consequently assumes no responsibility for this fact.

Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time and 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 site.

9.1. « COOKIES »

A “cookie” is a small information file sent to the User’s browser and stored on the User’s terminal (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, as well as the date and time of access. Cookies are in no way liable to damage the User’s terminal.

https://www.dcbrain.com is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and searches carried out. This information enables https://www.dcbrain.com to improve the content of the Site and the User’s navigation.

Cookies facilitate navigation and/or the provision of the services offered by the Site, the User can configure his browser to allow him to decide whether or not to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User may also configure his browser software so that acceptance or rejection of Cookies is offered to him on a one-off basis, before a Cookie is likely to be saved in his device. https://www.dcbrain.com informs the User that, in this case, it is possible that not all the functionalities of his browser software are available.

If the User refuses to save Cookies in his terminal or browser, or if the User deletes those saved, the User is informed that his browsing and experience on the Site may be limited. This could also be the case when https://www.dcbrain.com or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.

Where applicable, https://www.dcbrain.com declines all responsibility for the consequences linked to the degraded functioning of the Site and the services possibly offered by https://www.dcbrain.com, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.dcbrain.com to record or consult the Cookies necessary for their functioning because of the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will make it possible to find out how the User can modify his wishes with regard to Cookies.

At any time, the User may choose to express and modify their wishes regarding Cookies. https://www.dcbrain.com may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter and LinkedIn appearing on the Website of https://www.dcbrain.com and if the User has accepted the deposit of cookies by continuing his navigation on the Website of https://www.dcbrain.com, Twitter and LinkedIn may also deposit cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only deposited on your terminals if you agree to them by continuing your navigation on the https://www.dcbrain.com Website. At any time, the User may nevertheless revoke his consent for https://www.dcbrain.com to deposit this type of cookies.

Article 9.2. INTERNET TAGS

https://www.dcbrain.com may occasionally use Internet tags (also known as “tags”, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and thus store corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology enables https://www.dcbrain.com to evaluate the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on the activity of the Site for https://www.dcbrain.com, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the https://www.dcbrain.com site is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Asnières.