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Definitions

Customer: any professional or natural person capable within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Website subject to these general terms and conditions.

Services: https://nefnaf.com provides Customers with:

Content: All elements constituting the information present on the Website, in particular text, images and videos.

Customer information: Hereinafter referred to as ‘Information’, which corresponds to all personal data that may be held by https://nefnaf.com for the management of your account, customer relationship management and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned website.

Personal information: ‘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 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 confidence in the digital economy, users of the website https://nefnaf.com are hereby informed of the identity of the various parties involved in its creation and monitoring:

This website, accessible from the URL www.nefnaf.com, is published by Nef Naf Avocats, whose registered office is located at 445 Bd Gambetta – 59200 Tourcoing (France).

Publishing director: Nicolas Nef Naf

Email: contact@nefnaf.com

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

The Website constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Website.

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

This website is normally accessible to users at all times. However, https://nefnaf.com may decide to interrupt access for technical maintenance purposes, in which case it will endeavour to inform users in advance of the dates and times of the intervention. The website https://nefnaf.com is regularly updated by https://nefnaf.com. Similarly, 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 remain informed.

3. Description of services provided

The purpose of the website https://nefnaf.com is to provide information about all of the company’s activities. https://nefnaf.com strives to provide information that is as accurate as possible on the website https://nefnaf.com. However, it cannot be held responsible for omissions, inaccuracies or deficiencies in updates, whether caused by itself or by third-party partners who provide it with this information.

All information provided on the https://nefnaf.com website is given for information purposes only and is subject to change. Furthermore, the information on the https://nefnaf.com website is not exhaustive. It is subject to change without notice.

4. Contractual limitations on technical data

The website uses JavaScript technology. The website cannot be held liable for any material damage related to the use of the website. Furthermore, users of the website undertake to access the website using recent, virus-free equipment and a latest-generation browser. The website https://nefnaf.com 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 that ensures the best possible accessibility rate. 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 periods, in particular for maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services generate traffic deemed abnormal.

https://nefnaf.com and the host cannot be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting

https://nefnaf.com owns the intellectual property rights and holds the rights to use all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, by any means or process, is prohibited without the prior written authorisation of: https://nefnaf.com.

Any unauthorised use of the website or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability

https://nefnaf.com acts as the publisher of the website. https://nefnaf.com is responsible for the quality and accuracy of the Content it publishes.

https://nefnaf.com cannot be held liable for any direct or indirect damage caused to the user’s equipment when accessing the website https://nefnaf.com, 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://nefnaf.com cannot also be held liable for indirect damage (such as loss of market share or loss of opportunity) resulting from the use of the https://nefnaf.com website. Interactive areas (where questions can be asked in the contact area) are available to users. https://nefnaf.com reserves the right to remove, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://nefnaf.com also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of messages of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. Personal data management

The Customer 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 Those responsible for collecting personal data

For Personal Data collected in connection with the creation of the User’s personal account and their browsing on the Website, the data controller is: https://nefnaf.com

As the controller of the data it collects, https://nefnaf.com undertakes to comply with the legal provisions in force. In particular, it is the Customer’s responsibility to determine the purposes of its data processing, to provide its prospects and customers, upon obtaining their consent, with comprehensive information on the processing of their personal data, and to maintain a register of processing operations that reflects reality. Whenever https://nefnaf.com processes Personal Data, https://nefnaf.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://nefnaf.com processes it.

7.2 Purpose of the data collected

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

to enable navigation on the Website and the management and traceability of the services ordered by the user: connection and usage data of the Website, billing, order history, etc.

to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)

to improve browsing on the Website: connection and usage data

to conduct optional satisfaction surveys on https://nefnaf.com: email address

to conduct communication campaigns (text messages, emails): telephone number, email address

https://nefnaf.com does not sell your personal data, which is therefore only used when necessary or for statistical and analytical purposes.

7.3 Right of access, rectification and opposition

In accordance with current European regulations, Users of https://nefnaf.com have the following rights:

right of access (Article 15 of the GDPR) and rectification (Article 16 of the GDPR), updating, right to rectify User data right to block or erase personal User data (Article 17 of the GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication or storage is prohibited

right to withdraw consent at any time (Article 13-2c GDPR)

the right to restrict the processing of User data (Article 18 of the GDPR)

the right to object to the processing of User data (Article 21 of the GDPR)

the right to data portability for data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 of the GDPR)

right to determine the fate of Users’ data after their death and to choose to whom https://nefnaf.com shall communicate (or not) their data to a third party they have previously designated

As soon as https://nefnaf.com becomes aware of the death of a User and in the absence of instructions from them, https://nefnaf.com undertakes to destroy their data, unless its storage is necessary for probative purposes or to fulfil a legal obligation.

If the User wishes to know how https://nefnaf.com uses their Personal Data, request to rectify it or object to its processing, the User may contact https://nefnaf.com in writing at the following address:

Nef Naf Avocats

Nef Naf Nicolas

445 Bd Gambetta

59200 Tourcoing

contact@nefnaf.com

In this case, the User must indicate the Personal Data that they would like https://nefnaf.com to correct, update or delete, identifying themselves 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://nefnaf.com by law, in particular with regard to the storage or archiving of documents. Finally, Users of https://nefnaf.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://nefnaf.com shall refrain from processing, hosting or transferring the Information collected about its Customers to a country outside the European Union or recognised as ‘unsuitable’ by the European Commission without first informing the customer. However, https://nefnaf.com remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://nefnaf.com 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 the Customer’s Information is brought to the attention of https://nefnaf.com, the latter shall inform the Customer as soon as possible and notify them of the corrective measures taken. Furthermore, https://nefnaf.com does not collect any ‘sensitive data’.

The User’s Personal Data may be processed by subsidiaries of https://nefnaf.com and subcontractors (service providers), exclusively for the purposes of 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 Users of https://nefnaf.com are mainly our customer service agents.

8. Incident notification

Regardless of the efforts 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 measures. 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 security of their accounts and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information about users of the https://nefnaf.com website is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only in the event of the acquisition of https://nefnaf.com and its rights would the transmission of such information to the potential purchaser be permitted, who would in turn be bound by the same obligation to store and modify data with regard to users of the https://nefnaf.comwebsite.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://nefnaf.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

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

9. Hypertext links, cookies and internet tags

The https://nefnaf.com website contains a number of hypertext links to other websites, which have been included with the permission of https://nefnaf.com. However, https://nefnaf.com is unable to verify the content of the websites visited in this way and therefore accepts no responsibility for them.

Unless you decide to disable cookies, you agree that the website may use them. You can disable these cookies at any time and free of charge using the options available to you and listed below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the website.

9.1. « COOKIES »

A ‘cookie’ is a small information file sent to the User’s browser and stored on 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 in any way damage the User’s device.

https://nefnaf.com may process information about the User’s visit to the Site, such as the pages viewed and searches performed. This information enables https://nefnaf.com to improve the content of the Site and the User’s browsing experience.

As Cookies facilitate navigation and/or the provision of services offered by the Website, the User may configure their browser to allow them to decide whether or not to accept Cookies so that Cookies are stored on their device or, conversely, are rejected, either systematically or depending on their issuer. The User may also configure their browser software so that they are asked whether to accept or reject Cookies before a Cookie is likely to be stored on their device. https://nefnaf.com informs the User that, in this case, some of the features of their browser software may not be available.

If the User refuses to accept Cookies on their device or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the Website may be limited. This may also be the case when https://nefnaf.com or one of its service providers cannot 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, https://nefnaf.com declines all responsibility for the consequences of the degraded functioning of the Site and any services offered by https://nefnaf.com resulting from (i) the User’s refusal of Cookies (ii) the inability of https://nefnaf.com from storing or accessing the Cookies necessary for their operation due to the User’s choice. Each browser has a different configuration for managing Cookies and the User’s choices. This is described in the browser’s help menu, which will tell you how to change your Cookie preferences.

Users may choose to express and modify their cookie preferences at any time. https://nefnaf.com may also use 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, Facebook, LinkedIn and Google Plus on the Website https://nefnaf.com or in its mobile application and if the User has accepted the use of cookies by continuing to browse the Website or mobile application of https://nefnaf.com, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent to them by continuing to browse the https://nefnaf.com website or mobile application. However, Users may withdraw their consent to https://nefnaf.com placing this type of cookie at any time.

9.2. BALISES (“TAGS”) INTERNET

https://nefnaf.com may occasionally use Internet tags (also known as ‘tags’, action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) 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 https://nefnaf.com to evaluate visitors’ responses to the Site and the effectiveness of its actions (e.g. the number of times a page is opened and the information consulted), as well as the User’s use of this Site.

The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for https://nefnaf.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 website https://nefnaf.com shall be governed by French law. Except where the law does not allow it, the competent courts of Paris shall have exclusive jurisdiction.