Legal mentions / data protection

Definitions

Customer: any professional or natural person able to form legally binding contracts within the meaning of articles 1123 et seq of the French Civil Code or any legal entity visiting the Website covered by these general terms and conditions.

Services: Calistair SAS provides Customers with online

Content: All the components of the information given on the Website, in particular texts – images – videos.

Customer data: Hereinafter referred to as “Data”, which corresponds to the personal data likely to be held by Calistair SAS in order to manage your account, for customer relations management and for analysis and statistical purposes.

User: Internet user connecting to and using the above-mentioned website.

Personal data: “Data in any form whatsoever, directly or indirectly, permitting the identification of the physical persons to which it applies (article 4 of law No.78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” are used with the meaning defined in the General Data Protection Regulation (GDPR): No.2016-679

1. Presentation of the website

In accordance with article 6 of French law No. 2004-575 of 21 June 2004 for Confidence in the Digital Economy, users of the http://www.calistair.com are informed of the identity of the various contributors involved in creating and monitoring the website:

– Owner: Calistair SAS

– Chairman: Mr. Alain Hachet

– Share capital of 694 346,50 euros

– VAT number: FR 85 804064517

– Address : 114 rue Pascal / 223 rue Pasteur 77000 Vaux-le-Pénil – France

– SIREN: 804 064 517

– SIRET: 804 064 0517 00043

– Identification number: 804 064 517 Melun Trade and Companies register

– Publication manager: Calistair SAS – contact@calistair.com

– Conception / Webmaster: KreativRealisten – Eine Unit der EMS & P Kommunikation GmbH, Frank-Oliver Kraus | Web: www.kreativrealisten.de | E-Mail: info@kreativrealisten.de

– Host: fr Register Group | 12-14 Rond Point des Champs Elysées – 75008 Paris – France

– Data Protection Officer: Calistair SAS – contact@calistair.com

2. General terms and conditions of use of the website and the proposed services

The website is an intellectual work protected by the provisions of the Intellectual Property Code and the applicable international regulations. The Customer may under no circumstances reuse, sell or exploit the elements or work of the website either wholly or in part for their own benefit.

Use of http://www.calistair.com website implies full and unconditional acceptance of the general terms and conditions of use set out below. These terms and conditions of use may be modified or supplemented at any time. Users of the http://www.calistair.com should therefore consult them regularly.

This website is normally accessible to users at all times. Calistair SAS may however decide to interrupt access to carry out technical maintenance. In this case it will give users prior notice of the dates and times of the operation. The http://www.calistair.com website is regularly updated by Calistair SAS. Similarly, the legal notices may be amended at any time. They are binding on the user, who is therefore advised to check them as often as possible.

3. Description of the services provided

The purpose of the http://www.calistair.com website is to provide information concerning all the company’s activities.

Calistair SAS endeavors to provide the most accurate information possible on the http://www.calistair.com website. However, it may not be held liable for any omissions, inaccuracies or deficiencies in updates, whether of its own doing or of that of partner third parties providing the information concerned.

All the information provided on the http://www.calistair.com website is given for information purposes only and is subject to change. Please note that the information given on the http://www.calistair.com website is not exhaustive. It is given subject to any amendments that may have been introduced since it was put online.

4. Contractual limitations on the technical data

The website uses JavaScript technology. The website shall not be held liable for any property damage linked to use of the website. Moreover, website users undertake to access the site using recent hardware which does not contain any viruses and an updated latest-generation browser. The http://www.calistair.com website is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)

The aim is to provide a service ensuring the best level of accessibility. The host ensures continuity of its service 24 hours a day, every day of the year. Nevertheless, it reserves the right to interrupt its hosting services for the shortest possible periods, in particular for maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services generate traffic deemed to be abnormal.

Calistair SAS and the host may not be held liable in case of malfunction of the Internet network, the telephone lines or the telephone and computer hardware linked, in particular, to network congestion preventing access to the server.

5. Intellectual property and counterfeiting

Calistair SAS owns the intellectual property rights and holds the usage rights for all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sound. The reproduction, representation, modification, publication or adaptation of the elements of the website either wholly or in part by whatever means or procedure is forbidden without the prior written consent of Calistair SAS.

Any unauthorised exploitation of the website or any of the items that it contains will be considered as forgery and subject to legal proceedings in accordance with the provisions of articles L.335-2 et seq of the French Intellectual Property Code.

6. Limitation of liability

Calistair SAS acts as the publisher of the website. Calistair SAS is responsible for the quality and truth of the content it publishes.

Calistair SAS shall not be held responsible for any direct or indirect damage caused to the user’s hardware when accessing the http://www.calistair.com website either due to using hardware that does not meet the specifications stated in point 4, or due to the appearance of a bug or incompatibility.

Calistair SAS shall not be held responsible for any consequential losses (such as loss of a contract or loss of an opportunity) resulting from use of the http://www.calistair.com website. Interactive areas (opportunity to ask questions in the contact area) are available to users. Calistair SAS reserves the right to withdraw, without prior notice, any content in this area which contravenes the legislation applicable in France, particularly the provisions relative to data protection. If necessary, Calistair SAS also reserves the right to implicate the civil and/or criminal liability of the user, particularly in case of messages which are of a racist, offensive, defamatory or pornographic nature, whatever medium is 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 concerning Confidence in the Digital Economy, the French Data Protection and Freedom of Information Law of 06 August 2004 and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal data collected in the context of creating the User’s personal account and browsing the website, the person responsible for processing Personal Data is: Calistair SAS. Calistair SAS is represented by its legal representative.

As the entity responsible for processing the data it collects, Calistair SAS undertakes to comply with the legal provisions in force. In particular, it is the responsibility of Calistair SAS to establish the purpose of its data processing, to supply its prospects and customers, after obtaining their consent, with full information concerning the processing of their personal data and to keep a register of data processing operations which reflects reality. Whenever Calistair SAS processes Personal Data, Calistair SAS takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purpose for which Calistair SAS processes it.

7.2 Purpose of the collected data

Calistair SAS may process all or part of the data: to allow navigation on the website and for management and traceability of the services ordered by the user, data used to login and use the website, invoicing, order history, etc.

To prevent and combat computer fraud (spamming, hacking, etc.): computer hardware used for navigation, the IP address, the password to improve navigation on the website, login and usage data to carry out optional satisfaction surveys on http://www.calistair.com : contact@calistair.com

To carry out communication campaigns (sms, email): telephone number, email address. Calistair SAS does not sell your personal data which is only used by necessity or for statistical and analytical purposes.

7.3 Right of access, rectification and opposition

In accordance with the European legislation currently in force, Users of http://www.calistair.com have the following rights:

right to access (article 15 GDPR) and rectify (article 16 GDPR), update and complete the User’s data , the right to block or erase the User’s personal data (article 17 of the GDPR) if it is incorrect, incomplete, ambiguous, out of date or for which the collection, use, communication or storage is forbidden,

– the right to withdraw consent at any time (article 13-2c GDPR)

– the right to limit the processing of the User’s data (article 18 GDPR)

– the right to oppose the processing of the User’s data (article 21 GDPR)

– the right to data portability concerning data the User has supplied if this data is the subject of automated processing based on their consent or on a contract (article 20 GDPR)

– the right to define what happens to the User’s data after their death and to select to which third party designated by the User beforehand Calistair SAS should (or should not) send their data.

As soon as Calistair SAS learns of the death of a User, and if no instructions were left by the User, Calistair SAS undertakes to destroy their data unless keeping it proves to be necessary for the purpose of proof or to satisfy a legal obligation.

If the User wishes to know how Calistair SAS uses its Personal Data, to ask to rectify it or to oppose its processing, the User can contact Calistair SAS in writing at the following address:

Calistair SAS | 114 rue Pascal / 223 rue Pasteur – 77000 VAUX-LE-PENIL, France

In this case, the User must state what Personal Data they wish Calistair SAS to correct, update or erase, identifying themselves precisely with a copy of ID (identity card or passport).

Requests to erase Personal Data will be subject to the obligations incumbent upon Calistair SAS under the law, in particular in terms of document storage or archiving. Lastly, Users of http://www.calistair.com can lodge a complaint with the enforcement authorities, in particular the CNIL, the French Data Protection Authority (https://www.cnil.fr/fr/plaintes ).

7.4 Non-communication of personal data

Calistair SAS shall refrain from processing, hosting or transferring the Data collected concerning its Customers to a country located outside the European Union or recognised as “unsuitable” by the European Commission without giving the customer prior notice. However, Calistair SAS remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with respect to the General Data Protection Regulation (GDPR: No.2016-679).

Calistair SAS undertakes to take all the necessary measures to safeguard Data security and in particular to ensure that it is not communicated to unauthorised people. However, if Calistair SAS becomes aware of an incident impacting the integrity or confidentiality of the Customer’s Data, it shall inform the Customer as quickly as possible and inform them of the corrective measures taken. Moreover Calistair SAS does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of Calistair SAS and subcontractors (service providers), exclusively for the purposes of this policy.

Within the limit of their respective responsibilities and for the purposes stated above, the main people likely to have access to http://www.calistair.com Users’ data are mainly our customer service agents.

8. Incident notification

Whatever efforts are made, no method of transmission on Internet and no electronic storage method is completely secure. Therefore we cannot give a guarantee of absolute security. If we become aware of a security breach, we will inform the users concerned to enable them to take appropriate measures. Our incident notification procedures take into account our legal obligations both at national and European level. We undertake to keep our customers fully informed on all questions relating to the security of their account and to provide them with all the necessary information to assist them in meeting their own regulatory reporting obligations.

No personal information concerning users of the http://www.calistair.com website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the buyback of http://www.calistair.com and its rights would allow the transmission of the aforementioned data to the possible buyer who would be subject in turn to the same obligation with regard to storing and modifying the data concerning the http://www.calistair.com website user.

9. Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, http://www.calistair.com uses networks protected by standard features such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, Calistair SAS takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, tampering or destruction.

9.1. « COOKIES »

A “cookie” is a small information file sent from a website and stored on the User’s device (computer, smartphone, etc.) by the User’s web browser, (hereinafter referred to as “Cookies”). This file includes information such as the name of the User’s domain, the User’s Internet Service Provider, the User’s operating system and the date and time of access. There is no risk of Cookies damaging the User’s device.

Calistair SAS may process information concerning the User’s visit to the website, such as pages consulted and searches performed. This information enables Calistair SAS to improve the website content, and the User’s browsing.

As Cookies facilitate browsing and/or the supply of services offered by the website, the User can configure their browser to enable them to decide if they wish to accept or refuse them. Cookies will then be either saved in the device or conversely rejected either systematically or depending on the issuer. The User can also configure their browser software so that they are asked from time to time whether they wish to accept or refuse Cookies before a Cookie is likely to be saved in their device. http://www.calistair.com informs the User that in this case, some of their browse software functions may not be available.

If the User refuses that Cookies are saved in their device or browser, or if the User deletes those saved there, the User is informed that their navigation and experience on the Website may be limited. This may also be the case if, for technical compatibility purposes, Calistair SAS or one of its service providers cannot recognise the type of browser used by the terminal, the language and display settings or the country from which the device appears to be connecting to Internet.

If applicable, Calistair SAS accepts no responsibility for the consequences linked to the degraded functioning of the website and any services offered by Calistair SAS resulting from (i) the User’s refusal of Cookies (ii) http://www.calistair.com being unable to save or consult the Cookies required for them to function due to the User’s decision. Browsers are all configured differently with regard to management of Cookies and the User’s choices. The browser’s help menu should be consulted for information on how the User can modify their choices with regard to Cookies.

The User can opt to express and change their choices with regard to Cookies at any time. Calistair SAS may also use external service providers to assist it in gathering and processing the data described in this section.

Finally, by clicking on the icons dedicated to the social media networks Twitter, Facebook, Linkedin and Google Plus on the http://www.calistair.com website or in its mobile app, and if the User has accepted Cookies by continuing to browse the http://www.calistair.com website or mobile app, Twitter, Facebook, Linkedin and Google Plus can also place Cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only saved on your devices if you consent to this by continuing to browse the http://www.calistair.com website or mobile app. At any time, the User can opt out of http://www.calistair.com placing this type of cookie on their devices.

9.2. WEB-ANALYSIS VIA MATOMO

Generally the www.calistair.com website uses Matomo for web analytics, a service of InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, NZBN 6106769, (“Matomo”). The website does not use cookies for analytics purposes.

The software is configured so that IP addresses are not recorded in full, but 2 bytes of the IP address are masked (e.g. 192.168.xxx.xxx). In this way, it is not possible to assign the shortened IP address to a User. The IP address transmitted by your browser via Matomo is not merged with other data collected by us.

The website therefore processes your personal usage data anonymously. A conclusion about your person is not possible for us. Further information on Matomo’s terms of use and data protection regulations can be found at https://matomo.org/privacy/ .

You have the option to prevent your actions here from being analyzed and linked. This will protect your privacy, but will also prevent the owner from learning from your actions and improving the usability for you and other users.

Your visit to this site is currently collected by Matomo web analytics.

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

9.3. INTERNET TAGS

http://www.calistair.com may occasionally use Internet tags (also called action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) and deploy them via a partner specialising in Web analyses which may be located (and therefore store the corresponding data, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements enabling Internet users to access the Website, and in the various pages of the Website. This technology enables http://www.calistair.com to evaluate visitors’ responses to the website and the effectiveness of its actions (e.g. the number of times a page is opened and the information consulted), and the User’s use of this Website.

The external service provider may gather information about visitors to the Website and other Websites through these tags, compile reports about the Website’s activity for Calistair SAS and provide other services relating to use of the website and Internet.

10. Applicable law and attribution of jurisdiction

Any disputes relating to the use of the http://www.calistair.com website are governed by French law. The competent courts in Melun have exclusive jurisdiction apart from cases where the law does not permit it.

11. Pictures source