Definitions
Client: any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services: LMS CORPORATION provides Clients with:
Content: All elements constituting the information present on the Site, including texts – images – videos.
Client information: Hereinafter referred to as "Information", which corresponds to all personal data likely to be held by LMS CORPORATION for managing your account, client relationship management, and for analysis and statistics purposes.
User: Internet user connecting, using the aforementioned site.
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 n° 78-17 of January 6, 1978).
The terms "personal data," "data subject," "processor," and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Website presentation.
In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website preencess.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner: preencess.com published by LMS CORPORATION - 102 Grande rue, 72000, Le Mans - +33 6 69 38 87 21
Siret number: 907 755 821 00028
Publication Manager: LMS CORPORATION – contact@preencess.com. The publication manager is a legal entity.
Webmaster: LMS CORPORATION – contact@preencess.com
Data Protection Officer: LMS CORPORATION – contact@preencess.com
Host: Shopify Inc. Address: 151 O'Connor Street Ground Floor, Ottawa, Ontario, K2P 2L8, Canada Phone: 1-888-746-7439
2. General conditions of use of the site and services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for its own account all or part of the elements or works of the Site.
The use of the preencess.com site 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 preencess.com site are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by LMS CORPORATION, which will then endeavor to communicate to users in advance the dates and times of the intervention. The preencess.com website is regularly updated by LMS CORPORATION. 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 become aware of them.
3. Description of services provided.
The purpose of the preencess.com website is to provide information concerning all of the company's activities. LMS CORPORATION strives to provide information on the preencess.com site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the updates, whether caused by itself or by third-party partners who provide it with this information.
All information provided on the preencess.com site is for informational purposes only and is subject to change. Furthermore, the information on the preencess.com site is not exhaustive. It is provided subject to modifications that may have occurred since it was put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses, and with an updated, latest-generation browser. The preencess.com site 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 objective is to provide a service that ensures the best 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, particularly for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services generate abnormally high traffic.
LMS CORPORATION and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephony equipment linked notably to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
LMS CORPORATION holds the rights of use on all elements accessible on the website, including 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, unless prior written authorization is obtained from: LMS CORPORATION.
Any unauthorized exploitation of the site or any of its elements will be considered as constituting 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.
LMS CORPORATION acts as the site's publisher. LMS CORPORATION is responsible for the quality and veracity of the content it publishes.
LMS CORPORATION cannot be held liable for direct and indirect damage caused to the user's equipment when accessing the preencess.com website, 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.
LMS CORPORATION cannot also be held liable for indirect damages (such as, for example, a loss of market or loss of opportunity) resulting from the use of the preencess.com site. Interactive spaces (possibility to ask questions in the contact area) are available to users. LMS CORPORATION reserves the right to delete, without prior notice, any content posted in this space that would contravene the applicable legislation in France, in particular the provisions relating to data protection. Where applicable, LMS CORPORATION also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communications, the Law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Law of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Responsible for the collection of personal data
For Personal Data collected in the context of creating the User's personal account and their navigation on the Site, the controller of Personal Data is: LMS CORPORATION. preencess.com is represented by LMS CORPORATION, its legal representative.
As the data controller it collects, LMS CORPORATION undertakes to comply with the framework of the legal provisions in force. In particular, it is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, based on their consent, with complete information on the processing of their personal data, and to maintain a register of processing in accordance with reality. Whenever LMS CORPORATION processes Personal Data, LMS CORPORATION takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which LMS CORPORATION processes them.
7.2 Purpose of the data collected
LMS CORPORATION may process all or part of the data:
to allow navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data for the Site, invoicing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
to improve navigation on the Site: connection and usage data
to conduct optional satisfaction surveys on preencess.com: email address
to conduct communication campaigns (SMS, email): phone number, email address
LMS CORPORATION does not market your personal data, which is therefore used only out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, users of preencess.com have the following rights:
right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of User data, right to block or erase personal User data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited.
right to withdraw consent at any time (Article 13-2c GDPR)
right to restriction of processing of User data (Article 18 GDPR)
right to object to the processing of User data (Article 21 GDPR)
right to data portability for the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
right to define the fate of User data after their death and to choose to whom LMS CORPORATION should communicate (or not) their data to a third party they have previously designated
As soon as LMS CORPORATION becomes aware of the death of a User and in the absence of instructions from them, LMS CORPORATION undertakes to destroy their data, unless their retention is necessary for probative purposes or to comply with a legal obligation.
If the User wishes to know how LMS CORPORATION uses their Personal Data, requests to rectify them, or objects to their processing, the User can contact preencess.com in writing at the following address:
LMS CORPORATION
102 Grande rue, 72000, Le Mans
In this case, the User must indicate the Personal Data they would like preencess.com to correct, update, or delete, by identifying themselves precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on LMS CORPORATION by law, particularly regarding the retention or archiving of documents. Finally, Users of preencess.com can file a complaint with the supervisory authorities, notably the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
LMS CORPORATION undertakes not to process, host, or transfer the Information collected on its Clients to a country located outside the European Union or recognized as "inadequate" by the European Commission without prior notice to the client. However, LMS CORPORATION 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).
LMS CORPORATION undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of Client Information comes to the attention of LMS CORPORATION, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, LMS CORPORATION does not collect "sensitive data."
The User's Personal Data may be processed by LMS CORPORATION subsidiaries and subcontractors (service providers), exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main individuals likely to have access to the data of preencess.com Users are primarily the agents of our customer service.
8. Incident notification
No matter how much effort is put in, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we become aware of a security breach, we would notify affected users so they could take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the preencess.com site is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the hypothesis of the acquisition of preencess.com and its rights would allow the transmission of said information to the eventual acquirer who would in turn be bound by the same obligation to store and modify data vis-à-vis the user of the preencess.com site.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, preencess.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, LMS CORPORATION takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links, "cookies" and internet tags
The preencess.com site contains a number of hypertext links to other sites, established with the authorization of LMS CORPORATION. However, LMS CORPORATION does not have the ability to verify the content of the sites thus visited, and therefore assumes no responsibility for this.
Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time and free of charge using the deactivation options offered and recalled below, knowing 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 do not risk damaging the User's terminal in any way.
LMS CORPORATION may process information about the User's visit to the Site, such as the pages viewed and searches performed. This information allows LMS CORPORATION to improve the content of the Site and the User's navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site. The User can configure their browser to allow them to decide whether or not to accept them, so that Cookies are stored on the terminal or, conversely, are rejected, either systematically or according to their issuer. The User can also configure their browsing software so that they are offered the option to accept or reject Cookies from time to time, before a Cookie is likely to be stored on the terminal. LMS CORPORATION informs the User that, in this case, not all the functionalities of their browsing software may be available.
If the User refuses to register Cookies in their terminal or browser, or if the User deletes those that are registered, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when LMS CORPORATION or one of its service providers cannot recognize, 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.
If applicable, LMS CORPORATION declines all responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by preencess.com, resulting (i) from the refusal of Cookies by the User (ii) from the inability of LMS CORPORATION to register or consult the Cookies necessary for their functioning due to 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 allow the User to know how to modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. LMS CORPORATION may also use the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to social networks Twitter, Facebook, LinkedIn and Google Plus appearing on the preencess.com Site or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the preencess.com Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent to them by continuing your navigation on the preencess.com Website or mobile application. At any time, the User can nevertheless withdraw their consent for LMS CORPORATION to deposit this type of cookies.
Article 9.2. INTERNET TAGS
LMS CORPORATION may occasionally employ Internet tags (also known as "tags," or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-on-one GIFs) and deploy them through a web analytics partner who 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 allowing internet users to access the Site, and on the various pages of the latter.
This technology allows LMS CORPORATION to evaluate visitors' responses 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 provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for LMS CORPORATION, and provide other services relating to the use of the Site and the Internet.
10. Applicable Law and Jurisdiction.
Any dispute in connection with the use of the preencess.com site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of Le Mans.