Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions.
Services: komugi.io makes available to Customers:
Content: All the elements constituting the information present on the Site, in particular texts - images - videos.
Customer information: Hereinafter referred to as "Information (s)" which corresponds to all personal data that may be held by komugi.io for the management of your account, the management of customer relations and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of 6 January 1978).
The terms "personal data", "data subject", "sub-processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (RGPD: n° 2016-679)
2. PRESENTATION OF THE WEBSITE
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, the various parties involved in its creation and monitoring must be presented:
Website editor :
Company name: Komugi SAS
Share capital: €50,000
Registered office: 89 Chemin de la Ballastière 74200 Thonon-Les-Bains
Tel: 04 50 70 81 18.
Intra-community VAT number: FR48892357138.
Responsible for publication: Xavier FELTIN, President of Komugi SAS.
Webmaster: Dresscodes -
Host: Dresscodes - 311 Route du Linga 74390 Châtel - Tel. 04 50 17 66 07
3. DESCRIPTION OF THE SERVICES PROVIDED
The website komugi.io aims to provide information on all activities of the company Xarian SAS for its Solution Komugi. komugi.io strives to provide information as accurate as possible.
However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to its fault or the fault of third party partners who provide this information.
All information on the komugi.io website is given as an indication and is likely to change. Furthermore, the information on the komugi.io website is not exhaustive. It is given subject to modifications having been made since it was put on line.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The komugi.io website is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679).
The host ensures the continuity of its service 24 hours a day, every day of the year, the objective being to provide a service that ensures the best accessibility rate. Nevertheless, the Hosting Company reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal.
komugi.io and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly in the event of network congestion preventing access to the server.
5. INTELLECTUAL PROPERTY AND COUNTERFEITING
komugi.io is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except with the prior written permission of: komugi.io.
Any unauthorised use of the site or of 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.
Translated with www.DeepL.com/Translator (free version)
6. LIMITATIONS OF LIABILITY
komugi.io acts as the publisher of the site. It is responsible for the quality and truthfulness of the Content it publishes.
komugi.io cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the komugi.io website, and 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 an incompatibility.
komugi.io cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the komugi.io website. Interactive areas (possibility to ask questions in the contact area) are available to users. komugi.io reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, komugi.io also reserves the possibility of calling into question the civil and/or criminal liability of the user, in particular in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
The komugi.io website contains a certain number of hypertext links to other sites (subject to authorisation). However, komugi.io does not have the possibility of checking the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
7. MANAGEMENT OF PERSONAL DATA
The Customer is informed of the legal regulations applicable to the processing of personal data. The terms used in this article are subject to the definitions set out in the EU Regulation 2016/679 of the Parliament and of the Council of 27 April 2016 known as the "General Data Protection Regulation" as well as Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended. "Personal Data" means personal data as defined by the General Data Protection Regulation.
As the person responsible for the processing of the data it collects, Xarian SAS is committed to respecting the legal provisions in force.
7.1 PERSONS RESPONSIBLE FOR THE COLLECTION OF PERSONAL DATA
Komugi SAS as publisher of the site is responsible for processing Personal Data collected in the context of the creation of the personal account of the User and its navigation on the Site.
Whenever komugi.io processes Personal Data, all reasonable measures are taken to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which komugi.io processes them.
7.2 PURPOSE OF THE DATA COLLECTED
komugi.io is likely to process all or part of the data:
to enable browsing on the Site and the management and traceability of the services ordered by the user: connection and use data for the Site, invoicing, order history, etc.
to prevent and fight against 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 komugi.io: email address
to carry out communication campaigns (sms, email): telephone number, email address
komugi.io does not sell your personal data which are therefore only used by necessity or for statistical and analysis purposes.
Komugi SAS keeps your personal data for the time necessary to carry out the contract subscribed. To this period should be added the period imposed by the rules applicable to legal prescription.
7.3 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION
In accordance with the European regulations in force, the Users of komugi.io have the following rights:
Right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users' data right of blocking or deletion of Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
Right to withdraw consent at any time (Article 13-2c GDPR)
Right to limit the processing of Users' data (Article 18 GDPR)
Right to object to the processing of Users' data (Article 21 GDPR)
Right to the portability of data provided by Users, where such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
The right to define the fate of Users' data after their death and to choose to whom komugi.io should communicate (or not) their data to a third party that they have previously designated
If the User wishes to know how komugi.io uses their Personal Data, ask to rectify them or oppose their processing, the User may contact komugi.io in writing at the following address Komugi SAS - DPO, Dorian DUCRUY - 89 Chemin de la Ballastière 74500 THONON-LES-BAINS.
The User must indicate the Personal Data that he would like komugi.io to correct, update or delete, identifying himself 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 komugi.io by law, in particular as regards the conservation or archiving of documents. Finally, komugi.io Users 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
komugi.io shall not process, host or transfer the Information collected on its Users to a country located outside the European Union or recognised as "non-adequate" by the European Commission without informing the User in advance. However, komugi.io remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
komugi.ioio undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the User's Information is brought to the attention of komugi.io, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, komugi.io does not collect any "sensitive data".
The User's Personal Data may be processed by komugi.io's subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy. Within the limits of their respective powers and for the purposes mentioned above, the main persons likely to have access to the data of komugi.io Users are mainly Komugi employees.
8. NOTIFICATION OF INCIDENTS
Despite our best efforts, 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 will notify the users concerned so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our Users 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 komugi.ioio website is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the assumption of the repurchase of komugi.io and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the site komugi.io.
To ensure the security and confidentiality of Personal Data and Personal Health Information, komugi.io uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, komugi.io takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
A "cookie" is a small information file sent to the User's browser and stored within 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 and the date and time of access. Cookies will not damage the User's terminal in any way.
komugi.io is likely to process the User's information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information enables komugi.io to improve the content of the Site and the User's navigation.
Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his or her browser to allow him or her to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his browser software so that he is offered the option of accepting or refusing Cookies from time to time, before a Cookie is likely to be recorded in his terminal. komugi.io informs the User that, in this case, it is possible that not all of the functions of his browser software will be available.
If the User refuses the storage of Cookies in his terminal or browser, or if the User deletes those stored there, he will be informed that his navigation and experience on the Site may be limited. This may also be the case when komugi.io or one of its service providers cannot recognise, 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.
Where applicable, komugi.io declines all responsibility for the consequences linked to the degraded functioning of the Site and of any services offered by komugi.io, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for komugi.io to record 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 show how the User can modify his/her wishes regarding Cookies.
At any time, the User may choose to express and modify his/her wishes with regard to Cookies. komugi.io may also call upon the services of external service providers to help it collect and process the information described in this section.
11. INTERNET TAGS
komugi.io may occasionally employ Internet tags (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User's IP address) in a foreign country.
These beacons are placed both in the online advertisements that allow users to access the Site and on the various pages of the Site.
This technology allows komugi.io 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 service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for komugi.io, and provide other services relating to the use of the Site and the Internet.
12. APPLICABLE LAW AND JURISDICTION.
Any dispute relating to the use of the komugi.io website is subject to French law. Except in cases where the law does not allow it, the competent courts of THONON-LES-BAINS have exclusive jurisdiction.
Last update on 20 October 2021.