GENERAL CONDITIONS OF USE OF SITES (“CGU”)
Updates and applicable as of 25/5/18
Coach For Eyes offers an innovative application, Vizygood, designed to prevent digital visual fatigue through various services offered by Coach For Eyes SAS. The CGUs apply to the use and access to the following websites:
and all other associated sites, if any (the “Site” or “Sites,” if any). Coach For Eyes reserves the right, and at its sole discretion, to freely modify the CGUs at any time and invites the User to consult them regularly. In the event of a change in the CGUs, the CGUs applicable to the Sites will be those in effect at the time of the User’s order on the Sites. THE CGUs come into force as soon as they are published on the Sites and immediately replace the old CGUs for all future operations.
The Sites are published by Coach For Eyes. The editor is Nathalie WILLART. The Site is hosted by OVH.
For any information or questions, Coach For Eyes is available:
- Email: firstname.lastname@example.org;
- By mail to Coach For Eyes, SAS – 42 rue de Maubeuge, 75009 Paris
YOUR RIGHTS AND OBLIGATIONS
ACCEPTANCE OF CGUS
CGUs define your contractual relationship with Coach For Eyes, as well as the conditions under which sites can be used. The CGU and, if applicable, our General Terms of Sale express the full rights and obligations of the User and Coach For Eyes and will prevail over any other general or specific terms expressly not approved by Coach For Eyes. By accessing the Site, you fully, unconditionally and unreservedly accept these CGUs. Under no circumstances should you use our Sites if you do not subscribe to these CGUs. In the event that the User does not wish to accept all or part of the CGUs, he is asked to forego all use of the Sites.
SITE UTILISATION AND SITES
By logging into the Sites, you certify that you are major and legally capable and accept the CGUs without reservation. To use the Site you need to have an iOS or Android-enabled phone or web browser, as well as Internet access (user-supported access cost).
Content refers to all the information available to you by Coach For Eyes. The User is solely responsible for the use he makes of the Content present on the Site and, as a result, Coach For Eyes cannot be held liable for direct or indirect damages arising from the use of these Content; The User is solely responsible for the use of The Content of Sites with a hyperlink, Coach For Eyes disclaiming any responsibility for such Content in accordance with the infra provisions; It is up to the User to take all necessary measures to ensure that the technical characteristics of his equipment allow him to view the Site Content.
ACCEPTABLE USE POLICY
We expect you to use our Sites responsibly. To this end, you should not do or attempt to do or encourage a User or a third party to do or attempt to do any of the following by accessing and using our Services:
- Reconstruct logic, break down, modify, alter, distort, disassemble, or create a work derived from all software used for Sites.
- Use Sites to consciously or deliberately violate the intellectual property rights of third parties, including their patents, copyright, trademark, manufacturing secret, or any other applicable intellectual rights such as those that exist today or would come to exist, anywhere in the world.
- Access the Site using automated methods (such as robots, spiders, etc.), unless written prior permission from Coach For Eyes
- Use the Site for an unlawful, illegal, malicious or discriminatory purpose.
- Interfere with the smooth running of the Sites.
You acknowledge that any CGU violation allows Coach For Eyes, notwithstanding any recourse against you, to take steps to restrict your access to the Sites. You are informed that, within the meaning of the CGUs, personal data refers, in accordance with Article 4 of the European General Data Protection Regulation, to “any information relating to an identified or identifiable individual (hereafter referred to as the ‘person concerned’); is deemed to be an “identifiable physical person” a natural person who can be identified, directly or indirectly, including by reference to:
- An identifier, such as a name,
- An identification number,
- Location data,
- An online identifier,
- Or one or more specific elements specific to one’s physical, physiological, genetic, psychic, economic, cultural or social identity.”
By continuing your browsing on the Site, you are informed and you agree that Coach For Eyes collects personal data about you directly and indirectly. We collect the following categories of data: Identity and marital status (name, first name, email address), password for account creation, login data (IP address). This data is only used to optimize the services and recommendations we offer.
Some Site features may require you to register by providing personal data, including your date of birth and a password for creating your Vizygood user account. This mode of pass is strictly personal and confidential, the User undertakes to keep it secret and prohibits himself from disclosing it in any form to third parties. You are responsible for protecting your login and password. Unless there is evidence to the contrary, any connection to the Sites or data transmission made from the User’s access codes will be deemed to have been made by the user. If your login and/or password is lost or stolen, or if you become aware of the use of your password by an unauthorized third party, immediately inform Coach For Eyes at the following address to revoke your login and password and obtain new ones: email@example.com. Coach For Eyes cannot be held responsible for access to the Site of unauthorized third parties permitted by the illegal use of your username and password.
PURPOSE OF PROCESSING PERSONAL DATA
Your personal data is processed by Coach For Eyes for the sole purpose of providing, exploiting, maintaining and improving our services to better prevent your visual fatigue.
The treatment implemented by Coach For Eyes has the following aims:
- Creating the user account
- Perform user management operations
- Tracking the user relationship such as conducting satisfaction surveys, managing user requests and notifications;
- Perform operations related to the development of follow-up statistics;
- The management of requests for access, rectification, opposition, forgetting, limitation of processing, information, portability of data, data will and opposition to profiling;
We guarantee that we have met all the legal obligations relating to the protection of personal data, including having carried out all the preliminary formalities with the French data protection authority, the National Commission for Information Technology and Freedoms (CNIL), which was our responsibility for the implementation of the processing of personal data.
SECURITY – PRIVACY – RECIPIENTS
Coach For Eyes is committed to implementing any useful physical, organizational and technical safeguards to protect your personal data from loss, inappropriate use, unauthorized access, disclosure, modification and/or destruction.
Your personal data will not be sold, exchanged, transferred or data without your consent for any reason.
On the other hand, when required by current regulations, Coach For Eyes may pass your data on to agencies and authorities legally authorized to access it (including judicial and administrative authorities).
Coach For Eyes is not affected by credit card data, as Coach For Eyes does not make online payments.
Coach For Eyes does not act as a host of health data within the meaning of Article L1111-8 of the Public Health Code and does not use such a provider.
In the event of the subcontracting of the hosting of your personal data, Coach For Eyes is obliged to contractually defer to the provider all the obligations stipulated in the European General Data Protection Regulation.
DATA RETENTION TIME
Coach For Eyes retains your personal data for a period of time that does not exceed the time required for the purposes outlined here. Beyond that, your personal data is subject to being archived to meet the legal and regulatory obligations to which Coach For Eyes is subjected or deleted and in all cases no more than ten (10) years except litigation during.
Personal data to prove a right or contract, or retained under Coach For Eyes’ compliance with a legal obligation, is archived in accordance with existing provisions.
RIGHT OF ACCESS, RECTIFICATION, OPPOSITION AND SUPPRESSION
In accordance with personal data protection regulations, you have the right to access, correct, delete data and object to the processing of your data, as well as the right to define the fate of your data after your death.
You can exercise your rights and formulate your requests by sending us an email or a letter, accompanied by an ID, at the following address firstname.lastname@example.org Coach For Eyes, 42 rue de Maubeuge – 75009 Paris or using the contact form made available to you on the Site.
We undertake to review and attempt to resolve any complaints, claims or disputes out of court in a reasonable time.
Some data is collected and processed automatically as a result of the User’s use of the Sites. These include THE IP address, browser characteristics, common language, software used by the user’s terminal, navigation data and connections… Audience measurements are also carried out, by which the number of page views, the activity, the frequency of returns to the Site are measured…
For this Coach For Eyes has set up on the Site, automatic tracing processes called cookies (session cookies and permanent cookies).
Cookies are small files of data stored on your device (computer, tablet, mobile phone or device…) when browsing our Sites and when you use our Sites until they expire or until you turn them off or delete them using your browser’s features. These cookies allow our website to recognize your browser and capture and retain certain information including personal data.
Cookies deposited and read on your terminal’s hard drive by Coach For Eyes have the following purposes:
- To carry out the audience measurement, i.e. the measurement of the attendance and use of the Sites (content, headings, time spent, browser used;
- Improve site interactivity to allow Users to join Coach For Eyes’s communication channels (use of social networking buttons);
- Understand and maintain your preferences for your next visits to the Site.
In accordance with the principles of data protection, you are informed that cookies are kept for the strictly necessary period of time for the purposes for which they are used, within the limits defined by the competent protection authority, i.e. thirteen (13) months from their placement.
To disable cookies, you need to set up your browser. The procedures are described either in the browser’s help menu or on the publisher’s website. In the event of deactivation, some features of the Site may no longer be operational.
In addition, if your personal computer’s browser is set up to refuse certain temporary cookies, access to the Site may be impaired or impossible.
Coach For Eyes allows some third-party companies to issue their own cookies from the Site, such as third-party applications built into our media via the “Share” buttons, “Recommend” buttons… social networks such as “Facebook,” “Twitter” …
Coach For Eyes undertakes to use all reasonable means at its disposal to ensure quality access to the Site at all times, 24 hours a day, 7 days a week, but has no obligation to do so, especially in case of force majeure, network malfunction, servers, or any other event beyond its control.
Coach For Eyes may temporarily and without notice interrupt, suspend or modify access to the Site, including for security reasons, for the restructuring of a machine resource, for the maintenance or improvement of sites, or to improve the availability of information via the Internet. Whenever possible, Coach For Eyes undertakes to broadcast a message informing you of this site interruption. In any case, Coach For Eyes will make its best efforts to minimize the interruption. Coach For Eyes cannot be held responsible for any damage caused by these interruptions, including data loss.
As a result, Coach For Eyes cannot guarantee site availability, transmission reliability and performance in terms of response time or quality.
The creation of a hyperlink from the Site to an external site or resource by the User is prohibited.
- The setting up of hyperlinks pointing to a page of the Site is allowed, subject to respecting the rights of Coach For Eyes, to mention the sources and date of the last update of said page and not to distort the comments contained on that page. Coach For Eyes cannot be held liable because of the hyperlinks created by a User.
However, Coach For Eyes reserves the right to request the removal of a hyperlink pointing to the Site that it deems to be non-compliant with the purpose of the Site.
In addition, Coach For Eyes can refer to third-party websites, applications, products or services and may allow you to publish on or through third-party websites. We cannot be responsible for the practices of third-party websites made available or to which our Sites refer, nor for their information or content.
Note that when you use a link to another website, our CGUs are no longer applicable. Your browsing and actions on any other site, including those to which we refer, are subject to the site’s own rules and policies. In addition, you are solely responsible for any content that you decide to publish on or via a third party’s website, if any.
We also reserve the right to suspend or close your account at any time and without notice, if you do not comply with these CGUs or if you use the Sites in violation of the Acceptable Use Policy or applicable legal or regulatory provisions.
Deactivating your account, regardless of the cause, will not be able to result in any compensation. It takes effect immediately.
RESPONSIBILITIES AND GUARANTEES
Coach For Eyes’ commitments under these CGUs are an obligation of means.
Coach For Eyes has no control over the use or interpretation you make of the information and advice on the Sites, they are your sole responsibility. Under the limits permitted by law, under no circumstances will Coach For Eyes, its subsidiaries, distributors or suppliers be held liable for any direct, indirect and/or immaterial harm, such as the loss or destruction of data, loss of actual or potential profits and profits, whatever the cause and on any basis, whether or not Coach For Eyes has been informed of the possible realization of such damages.
In the event of Coach For Eyes’ conviction, the amount of the convictions against him cannot exceed the highest of these two sums: (i) the total amount paid to Coach For Eyes during the last six (6) months, excluding the purchase price of the product or (ii) cent (100.00) euros.
INTELLECTUAL PROPERTY RIGHTS
Sites and their Content, including and co-owned texts, graphics, images, videos and sounds, are covered by intellectual property rights owned by Coach For Eyes. These CGUs, unless expressly stated to the contrary, do not confer any rights, title or interest on Coach For Eyes’ intellectual property rights. The Content is accessible to the User for personal, private, non-collective and non-commercial use. Any representation and/or reproduction and/or partial or total exploitation of the Content proposed by the Site, by any process, without the prior and written permission of Coach For Eyes is strictly prohibited and would be likely to constitute infringement within the meaning of Articles L 335-2 and following of the Intellectual Property Code. The brands “Vizygood” and “Coach For Eyes” and “HappyWellnesss.work” are trademarks of Coach For Eyes. Any representation and/or reproduction and/or partial or total exploitation of these marks, of any kind, is totally prohibited unless prior and written permission from Coach For Eyes. In particular, you prohibit yourself from using the Content in a way that directly or indirectly infringes Coach For Eyes’ intellectual property rights, and that such use does not constitute unfair or parasitic infringement or competition of Content.
Before suing coach For Eyes, you agree to try to resolve the dispute amicably by contacting Coach For Eyes at this address: email@example.com or firstname.lastname@example.org. We will try to resolve the dispute amicably, by contacting you by email, within a maximum of thirty (30) days.
Any complaint, amicable or judicial, relating to the execution or interpretation of the CGUs must be made within one (1) year from the generator or deactivation of the account, just prescription. Any dispute to which the use of the Sites could give rise or relating to the performance or interpretation of the CGUs will fall within French law and the exclusive jurisdiction of the courts on which you depend.
By authorizing the collection of your personal data, you authorize us by these CGUs, to send you any notifications to the email address used to create your account and the information of the newsletter, depending on your choice. In order to avoid any doubts, you will be considered to have received any notification sent under these CGUs, when sent by Coach For Eyes. If you decide that you no longer want to receive these notifications by email, you must request them by email at: email@example.com
If there is a difficulty in interpreting any of the titles at the top of the clauses and any of the clauses, the securities will be declared non-existent.
The nullity of a clause does not result in the nullity of the CGUs, except for that of an impulsive and decisive clause that led one of the Parties to contract. The cancelled stipulation or stipulations are deemed unwritten.
The fact that either party does not take advantage of any of the clauses at any given time or that it tolerates the temporary or permanent non-performance of the obligations of the other Party cannot be construed as being worth giving up at a later date. The fact that either Party tolerates an imperfect non-performance or execution of these CGU or, more generally, of tolerating any act, abstention or omission of the other Party that is not in accordance with the provisions of these CGU cannot confer any right on the Party benefiting from that tolerance.