Article 1 — Legal information
1.1. Site (hereinafter « the Web site ») : www.orfite.com
1.2. Editor (hereinafter « the Editor » or « Orfite »):
Orfite, simplified joint stock company (SAS)
Share capital: Euros 9,680,000
Registered office: 4 Place Charles Hernu 69100 VILLEURBANNE.
Trade and Company Register: registered in the Lyon Trade and Company Register
SIREN number: 389 836 966 RCS LYON.
Legal representative: Mr. Frédéric Daufresne, acting as Chairman of the Board
Intra-Community VAT number: FR49 389 836 966
Phone number: + 33 (0)4 72 91 89 91
address/Email : contact@orfite.com
Publication Manager: Mr. Frédéric Daufresne, Chairman of the Board
1.3. Conception and creation:
Coordination : Giotto – 24 rue d’Aumale – 75009 Paris
Creation: BGA Web – 6 passage Lathuille – 75018 Paris – contact@bga-web.fr
1.4. Host (hereinafter «the Host »):
This Website is hosted by OVH.
OVH
Corporate form: SAS
Share capital: 10 174 560 €
Registered office : 2 RUE KELLERMANN BP 801157 59053 ROUBAIX CEDEX 1 – France. France.
SIREN number: 424 761 419
Legal representative: MR Henryk KLABA
Intra-Community VAT number: FR 22424761419
Phone number: 0899701761
Fax: 0320200958
Email : support@ovh.com
Site : www.ovh.com
Article 2 — Access to the Web site
Access to the Web site and its use are reserved for strictly personal and professional use. The user agrees not to use the Web site and the information or data contained therein for commercial, political, advertising use and any form of commercial solicitation and in particular the sending of unsolicited emails.
Article 3 — Web Site content – Intellectual property
The general structure of the Web site as well as each of the elements contained on the Web site, including its architecture, its graphic charter, all brands, photographs, texts, comments, illustrations, animated images or not, video sequences, sounds, and all computer applications that could be used to operate this Web site, and more generally, all the elements reproduced or used on the Web site are protected by the intellectual property laws in force. They are the full property of Orfite or its third-party partners who have authorized Orfite to use and/or exploit them. Accordingly, the reproduction, representation and adaptation rights, including downloadable documents and graphic and photographic representations, are reserved for Orfite and/or its third-party partners.
According to the Intellectual Property Code, any reproduction, representation use or adaptation, in any form whatsoever, of all or part of the Web site or its elements, including computer applications, by any means or media, without prior written consent from Orfite, is strictly forbidden and would constitute an act of infringement.
The fact that Orfite does not initiate legal proceedings from the moment it gets acquainted with any unauthorized use shall not constitute acceptance of such uses and be considered as a waiver of the proceedings.
Article 4 — Management of the Web site
To ensure proper management of the Web site, Orfite reserves the right, at all times:
to suspend, interrupt or limit access to all or part of the Web site, to restrict the access to the Web site, or part of it, to a defined category of web user;
to remove any information that could disturb the operation of the Web site or be in violation of the national and international laws, or of the rules and common practice applicable to the Internet;
To suspend the Web site to carry out, or have carried out, maintenance work and Web site updates.
Article 5 — Responsibilities
Orfite undertakes to make his best efforts to ensure a continuous access to the Web site and the smooth operation of the Web site. However, Orfite cannot guarantee that the Web site will be uninterrupted, continuous or free from any anomaly, technical problem or malfunction.
Orfite shall not be held liable if the site is not available, regardless of the cause, in the event of malfunction, failure, difficulty, outage, or disruption, preventing access to the Web site or its functionalities.
The connection material to the Web site used by the user is under the sole responsibility of the user. The user shall take all appropriate measures to protect his material and data, in particular in the event of cyber virus attacks.
The user is the sole responsible for the navigations on the Web sites and the data consulted. For this reason, Orfite shall not be held responsible in the event of legal proceedings against the user due to the use of the Web site or any services available via Internet. Orfite shall not be held responsible for direct and/or indirect damage caused to the user or third parties, or the terminal equipment used for the purposes of visiting the Web site, as a result from a connection or from the use of the Web site and/or the Web site content.
Although Orfite takes every care to provide reliable content on the Web site, it gives no warranty that the content is free from inaccuracies or omissions and shall not be held responsible for the inaccuracies or omissions relating to the content published on the Web site.
Article 6 — Hypertext links
In the event the Web site contains links to third-party Web sites, it is expressly stated that the presence of links to these Web sites in no way implies that Orfite approves, confirms or agrees with the content of these Web sites. As Orfite does not control the sources, contents or links provided by these third-party Web sites, Orfite may not be held liable with regard to the services or contents available on these third-party Web sites.
Hypertext links to all or part of Orfite’s Web site shall not be permitted, unless Orfite’s prior written consent, requested by email at contact@orfite.com
Orfite may refuse to give its consent without having to provide reasons for this decision. In the event Orfite gives its approval, this approval shall be temporary and may be withdrawn at any time, without Orfite being under any obligation to justify its decision. In any case, all hypertext links shall be removed upon Orfite’s request.
Any reproduction or use, even partial, of any element of the Web site within a third-party Web site by framing, in-lining or any other similar process is strictly prohibited.
Article 7 — Personal Data Protection Policy
Under the Act on Data Processing, Data Files and Individual Liberties No. 78-17 of January 6, 1978 amended by law No. 2018-493 of June 20, 2018 and the decree of application No. 2005-1309 of October 20, 2005 amended by decree No. 2018-687 of August 1, 2018, taken on the basis of the European Regulation (GDPR) No. 2016-679 of the European Parliament, every natural person has the right to decide and control the way his personal data are used.
Personal data is defined as any information relating to an identified of identifiable natural person, directly or indirectly, by reference to an identification number or to one or more elements that are specific to him. The person concerned by the processing of personal data is the person to which the processed data relate.
Orfite invites all users to pay special attention to the information set out below. The user may request, upon simple demand sent to Orfite via contact@orfite.com, to receive the information in writing by registered mail to the mailing address provided, or by email if expressly stated in his request.
7.1 Identity of the Personal Data Controller
The Personal Data Controller who determines the purposes and means of personal data is Orfite, a simplified joint-stock company registered with the Trade and Companies Register of Lyon under No. 389 836 966, and having its registered office at 4 place Charles Hernu 69100 Villeurbanne, represented by its current Chairman, Mr. Frédéric Daufresne.
As Personal Data Controller, Orfite is committed to the protection of personal data and undertakes to ensure its users the full compliance with the rules set out by the European Regulation No. 2016-679 (GDPR), under the Act on Data Processing, Data Files and Individual Liberties No. 78-17 of January 6, 1978 amended by law No. 2018-493 of June 20, 2018 and the decree of application No. 2005-1309 of October 20, 2005 amended by decree No. 2018-687 of August 1, 2018.
7.2 Personal data collected:
The Web site uses a data collection and processing system when the user visits the Web site, whether directly (for example, when registering to Orfite’s newsletter via the contact page dedicated), or indirectly through connection data.
Personal data directly collected from the users include first names, last names and email addresses.
Personal data indirectly collected include visitors’ IP addresses which are automatically registered through website traffic measuring tools and through Orfite’s newsletter registration form.
7.3 Purposes of personal data collection and legal frame :
Personal data are collected through the Web site for specified, explicit and legitimate purposes. Personal data are processed according to the following legal grounds: the user gave his prior express consent; Orfite needs personal data to execute the Agreement signed with the user, to provide a necessary service, or when the collection is required by law.
Personal data are used by Orfite to manage the relationships between the user and in particular:
to respond to Newsletter registration requests;
To process the applications to job vacancies posted on the Web site.
7.4 The mandatory or optional nature of personal data:
Excepting visitors’ IP addresses, the personal data collected on the Web site are only obtained through the user’s voluntary and agreed registration of personal data concerning him.
When the user enters his personal data, he is always informed whether the data are mandatory or optional:
When some personal data are required to access specific functionalities on the Web site, required fields are marked with an asterisk (such as first name, last name and email address). Failure to fill-in mandatory fields will prevent the user from accessing the offered services such as receiving the Newsletter;
The fields that are not marked with an asterisk are optional fields the user may choose to not fill-in.
7.5 Recipients of personal data collected:
The recipients of personal data collected include:
Orfite’s internal departments;
Third-party technical service providers, under contract with Orfite, who intervene as part of the Web site publication process as well as to carry out the subcontracted tasks that are necessary for the sending of the Newsletter to any user requesting it.
Except the aforementioned third-party service providers on which Orfite seeks to impose the obligation to process personal data according to Orfite’s commitments towards the user with regard to the confidentiality and security of personal data concerning him, the user’s personal data shall not be transferred or disclosed to third parties.
However, in the event of an observed infringement of the legal or regulatory provisions, such information may be disclosed upon expressed and duly motivated request from the judicial authorities.
7.6 Transfer of personal data to countries outside the European Union:
Orfite shall not transfer any personal data relating to the processing operations referred to herein to a non-EU Member State.
7.7 Retention of collected personal data :
The personal data are kept by Orfite only during the time required for the professional relationship established with Orfite or the time required for the operations for which they were collected and which, in any case, shall not exceed the duration necessary for the purposes for which they were collected. Personal data used by Orfite for the purposes for which they were collected, necessary for the fulfillment of a legal obligation and/or for the establishment, exercise or defense of legal claims, may however be retained for the time strictly necessary for the exercise of such rights.
7.8 Users’ rights:
7.8.1 Rights concerned:
Pursuant to the Act on Data Processing, Data Files and Individual Liberties No. 78-17 of January 6, 1978 amended by law No. 2018-493 of June 20, 2018, the user may at all times:
have a right of access to his personal data, in particular to obtain (i) confirmation that his personal data are or not being processed; (ii) information relating to the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated, and the data retention period or the criteria used to determine such duration ; (iii) where appropriate, information on transfers of personal data to a non-EU Member State; (iv) the communication, in an accessible form, of the personal data concerning him and any available information as to the origin of such personal data; (v) in the event the personal data are not collected from the data subject, all available information as to their source; (vi) information that makes it possible to know and challenge the logic involved in the automatic processing of data concerning him in the event of a decision based on it and having legal effects on the person concerned.
A copy of personal data may be issued to the person concerned upon his request. Orfite may impose reasonable charges for the supply of copies of personal data which shall not exceed the costs of reproduction. In this case, at the issuance of the requested copy, Orfite shall certify payment of the amount collected for that purpose.
have a right of rectification that allows him, at the earliest possible, to correct, complete, update or remove any personal information concerning him that is inaccurate, incomplete, ambiguous, out-of-date, or whose collection, use, communication or retention is prohibited. The user has the right to request Orfite to justify it has carried out the operations referred to above. When the user obtains a modification of the data registered, he is entitled to ask Orfite to refund the costs corresponding to the cost of the copy of the personal data delivered against payment;
have a right to limit the processing to which the personal data are intended;
have a right to object, in all times and in all cases, before the definitive validation of the responses provided, and on legitimate grounds, to the processing of personal data concerning him, as well as a right to object, free of charge, to the processing of personal data concerning him for marketing purposes;
exercise his right, if relevant, to data portability. The data subject shall have the right to receive the personal data concerning him or her, which he has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, including the right to have the personal data transmitted directly from Orfite to another controller, where technically feasible.
have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or similarly significantly affects him, unless automated processing is based on his explicit consent, or the decision is necessary for entering into, or performance of, a contract between the data subject and Orfite, or when the decision is authorized by specific legal provisions. In addition to the right to express his point of view and to contest the fully automated decision, the user shall have the right, in all cases, to be informed that a fully automated decision has been taken concerning him, the right to ask to know the logic and the criteria used to make the decision and the right to ask the intervention of a human being to reconsider the decision.
Pursuant to article 40-1 of the law No. 78-17 of January 6, 1978, amended by the law No. 2016-1321 of October 7, 2016, the user has the right, in any case, to define general or specific guidelines regarding the storage, deletion and communication of his personal data after his death. The user may, in any case, modify or revoke his guidelines at all times. It is specified that the heir of a deceased person who wishes to proceed with the updating of the data concerning the deceased user must, at the time of his request, prove his identity and prove his status as heir by the presentation of an act of notoriety or a family book.
7.8.2 Terms for the exercise of rights:
To exercise any of the aforementioned rights, the user shall send his request to Orfite, either by going directly to the « Contact » section on the Web site, or by regular mail to the following address: Orfite – 4 Place Charles Hernu – 69100 Villeurbanne, or by email to contact@orfite.com.
For security reasons aiming at preventing fraudulent requests, the user shall prove his identity by all means. Should Orfite have any reasonable doubts concerning the identity of the subject, Orfite reserves the right to request additional information, including a copy of the ID card bearing the signature of the right holder.
The user may also submit his request in situ and shall in this case prove his identity to Orfite. He may be assisted by the adviser of his choice. The request may also be submitted by any other person duly authorized to do so by the user, after giving proof of his authorization, his identity and the identity of the principal user. In the event the request cannot be granted immediately, a signed and dated acknowledgement of receipt will be issued to the requester.
If the request submitted by the user is inaccurate or incomplete, Orfite may invite the user to provide additional information within one (1) month from the date when the request for additional information is received.
7.8.3 Processing of the user’s request:
Orfite shall take all necessary measures to grant the request within the best deadlines possible, and, in any case, within a maximum period of one (1) month from the date when the request is received. It shall be stated that when the user submits his request in an electronic format, the information requested may be provided in an electronic format when possible, unless the user requests otherwise.
Once the request is processed, all ID documents provided shall be destroyed.
7.8.4 Right to lodge a complaint with the competent supervisory authority:
The user has the right to lodge any complaint with the French Data Protection Registrar (Commission Nationale de l’Informatique et des Libertés – CNIL), in case of non-execution of the deletion of the personal data or in case of non-response to his request to correct, complete, update or block the personal data concerning him, within one (1) month from the date of receipt of the request.
7.9 Security and confidentiality of personal data:
Orfite took care to implement all adequate protection measures, and in particular, all technical measures aimed at safeguarding the security of the collected personal data. Such protection measures include physical, logical and organizational measures to maintain the confidentiality and security of the personal data collected and processed, and to prevent them from being misrepresented, damaged or communicated to unauthorized third parties. All Orfite’s employees accessing these personal data are informed of their confidential nature. Similarly, Orfite makes sure that third-party service providers who may gain knowledge of personal data also comply with the same security and confidentiality obligations.
They shall, in all cases, regarding the personal information to which they have access while browsing the Web site, abstain from any data collection, fraudulent use and, in general, any act that could harm people’s private lives or reputations.
Article 8 — Cookies
8.1 Definition:
Cookies are files that are left and stored on the user’s terminal by Web sites that are visited by the user, such as a computer, a tablet, a smartphone connected to the Internet. They perform various functions to retain user data to facilitate navigation and to optimize the ergonomics and functionalities of Web sites.
8.2 Information and consent to the placement of cookies:
The placement of a cookie on the user’s terminal shall be subject to the user’s prior consent. Such consent requires an affirmative action by the user and may, at any time, be refused, changed or revoked by the setting options available on the web browsers.
While visiting the Web site, the user is indeed informed of the presence of cookies that may be placed on his terminal by means of a banner indicating the purpose of the cookies used, the possibility to oppose such cookies or to modify the settings by clicking on the link available on the banner. By continuing to browse, the user accepts the placement of cookies on his terminal.
A user’s cookie consent may be considered valid for up to thirteen (13) months. After this period, the website must get renewed consent from the user.
8.3 Purposes of cookies :
The cookies used do not allow a direct identification of visitors and are only used to track the volume, type and configuration of traffic using this Web site, to develop its design and layout, and for other administrative and planning purposes, and more generally, to improve the service offered.
In this respect, Orfite uses cookies to pursue, in particular, the following purposes:
Technical and functionality cookies:
Technical and functionality cookies intend to improve the user’s Web site browsing experience. They are used to:
improve the use and the functionalities of the Web site;
customize the Web site services and content;
Adapt the Web site presentation to the display preferences of the user’s terminal (language used, display resolution, operating system used, etc.) during the user’s visits to the Web site.
Cookies for statistics and audience measurement:
These cookies are used to provide a better comprehension of the use of the Web site. The navigation data and other information collected by the cookies remain anonymous and are only used for statistical purposes. They are used to:
optimize the Web site;
measure your browsing preferences and assess the number of visits (viewed pages, date and time, etc.)
produce statistics and evaluate traffic volumes;
enhance the Web site functionality
monitor the performances of the Web site.
8.4 Types of cookies used by Orfite:
Type |
Nom |
Société exploitante |
Fonction |
Persistent third-party cookie used for statistics tracking |
_utma |
Google Analytics |
This cookie is used by the software: it is used to distinguish unique visitors to the Web site. It is updated upon each page visited. |
Persistent third-party cookie used for statistics tracking |
_utmb |
Google Analytics |
This cookie is used to track the visit session of the user. This cookie expires as soon as the user remains idle on the Web site for more than 30 minutes. The use of this cookie coupled with the utmc cookie enables the tracking of visits (sessions) on the Web site. |
Persistent third-party cookie used for statistics tracking |
_utmc |
Google Analytics |
This cookie works in complement to the __utmb cookie to determine whether or not there is a new visit by the current unique visitor. |
Persistent third-party cookie used for statistics tracking |
_utmt |
Google Analytics |
This cookie is used to avoid overloading the number of web requests. |
Persistent third-party cookie used for statistics tracking |
_utmv |
Google Analytics |
This internal cookie managed by Google Analytics is used to store personalized variable data at the visitor’s level and to generate traffic statistics for the Web site. |
Persistent third-party cookie used for statistics tracking |
_utmz |
Google Analytics |
This cookie stores all information necessary for the identification of a traffic source. |
Technical cookie |
Start |
OVH |
These cookies are used by our host in order to memorize on which cluster server the tasks of the Site are executed. |
Technical cookie |
StartBAK |
OVH |
These cookies are used by our host in order to memorize on which cluster server the tasks of the Site are executed. |
8.5 Cookies management options:
Cookies are managed by the user’s browser software. Most browsers are initially configured to accept cookies automatically. The user can however configure his browser software to store cookies in his terminal or reject them either systematically or according to their issuer. It is also possible to configure the browser software so that the acceptance or refusal procedure is proposed prior to the recording of a cookie in the user’s terminal.
Orfite draws the user’s attention to the fact that if the user chooses to refuse or disable cookies, he may no longer be able to benefit from certain features enabling him to navigate on the Web site without dysfunctions. Orfite shall not be held liable for any dysfunction or degraded operation of the Web site resulting from the refusal or disabling of cookies.
The user may delete the cookies stored in his terminal by setting up his browser software, depending on the browser used. To this end, it is recommended that the user follows the links referenced below:
Internet Explorer: https://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
Safari: http://safari.helpmax.net/fr/securite-et-confidentialite/gestion-des-cookies/
Chrome: https://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences?redirectlocale=fr&redirectslug=activer-desactiver-cookies
Opera: https://www.accepterlescookies.com/comment-accepter-les-cookies-sur-opera.html
Article 9 — Amendment
Orfite reserves the right to amend these General Terms of Use at any time.
Article 10 — Applicable law
These General Terms of Use are governed by French law.
The user acknowledges that he read these General Terms of Use and agrees to comply with all the provisions.