1. PRESENTATION OF THE WEBSITE
In accordance with the provisions of Articles 6-III and 19 of French Law no 2004-575 of 21 June 2004 for Confidence in the Digital Economy (known as the L.C.E.N. law), we would like to draw the attention of users and visitors of the www.brakisto.net website to the following information:
Owners: Laurent Fron et Yannick Lahoussine
Directors of Publication: Laurent Fron et Yannick Lahoussine
Illustration: Yannick Lahoussine
Webmaster: Laurent Fron
DPO: Laurent Fron
Host: OVH – 2 rue Kellermann – 59100 Roubaix – France - Tél. +33 (0)8 99 70 17 61
2. GENERAL TERMS OF USE OF THE WEBSITE AND THE SERVICES PROVIDED
The use of the www.brakisto.net website implies full acceptance of the website’s general terms of use. These terms of use may be modified and added to at any time so users of www.brakisto.net are invited to consult them regularly.
The website is normally available for use at all times. The www.brakisto.net website is updated regularly. Likewise, the legal notices may be amended at any time: they are nevertheless binding on the user, who is thus invited to refer to them as frequently as possible to remain up-to-date with their content.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.
3. DESCRIPTION OF THE SERVICES PROVIDED
The www.brakisto.net website is intended to provide information on all of the company’s activities.
The owners endeavour to provide information that is as accurate as possible on www.brakisto.net. However, they may not be held liable for omissions, inaccuracies or shortcomings in website updates, caused by its action or the action of third-party partners who provide this information.
All information on the www.brakisto.net website is given for information purposes and is likely to evolve. Furthermore, the information on the www.brakisto.net website is not exhaustive. It is given subject to any amendments made since it was published online.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The website shall not be held liable for material damage related to use of the website. Furthermore, the website user undertakes to access the website using modern equipment, free from viruses and an up-to-date, state-of-the-art web browser.
5. INTELLECTUAL PROPERTY AND FORGERIES
The company Brakisto is the owner of the intellectual property rights or holds the right to use all the elements accessible on the website, namely the texts, images, videos, graphics, logos, icons, sounds and software.
The reproduction, representation, modification, publication or adaptation of all or part of the elements on the website, by any means or process, is prohibited without prior written authorisation from: Mr Laurent Fron or Mr Yannick Lahoussine.
Any unauthorised use of the website or any of the items it contains shall be deemed to constitute an infringement and subject to legal proceedings in accordance with Articles L.335-2 and thereafter of the French intellectual property code.
6. LIMITATION OF LIABILITY
The owners shall not be held liable for direct and indirect damage caused to the user’s equipment when accessing the www.brakisto.net website and resulting either from the use of equipment that does not meet the specifications indicated in Point 4, or due to a bug or incompatibility.
Likewise, Brakisto shall not be held liable for any indirect damage (such as loss of a market or opportunity) subsequent to use of the www.brakisto.net website.
7. PERSONAL DATA MANAGEMENT
In France, personal data is protected by law no. 78–87 of 6 January 1978, brought into conformity with the General Data Protection Regulation (RGPD) of April 27, 2016, law no. 2004 of 6 August 2004, article L. 226-13 of the French penal code and the European Directive dated 24 October 1995.
In the context of use of the www.brakisto.net website, the following elements may be collected: the URL of any websites via which the user accesses www.brakisto.net, the user’s internet service provider, and the user’s internet protocol (IP) address.
In all events, the company Brakisto only collects personal information concerning the user for the purpose of providing certain services available on the www.brakisto.net website. The user provides this information with full knowledge of the facts, in particular when he/she enters it by himself/herself. It is then specified to the user of the www.brakisto.net website whether or not he/she is required to provide this information.
Compliant to artcile 15 (Right of access by the data subject) and 16 (Right to rectification) of The General Data Protection Regulation (EU) 2016/679 (GDPR - adopted on 14 April 2016) and with the provisions of Articles 38 and thereafter of law no. 78-17 of 6 January 1978 on data processing, files and freedoms, all users have the right to access, rectify and oppose their data; to do so, they should submit a written, signed request including a copy of their identity document bearing the signature of the document holder, and indicating the address to which a reply should be sent.
No personal information concerning the user of the www.brakisto.net website is published without the user’s knowledge, or exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the acquisition of the Brakisto company and its rights would permit transmission of the aforementioned information to the eventual buyer who would, in turn, be bound by the same obligation to store and modify the data with regard to the user of the www.brakisto.net website.
A simplified declaration was filed with the CNIL on 11 July 2013 (number 1686393 v 0) in the event that the website collects personal information.
The databases are protected by the provisions of the law dated 1 July 1998, transposing directive 96/9 of 11 March 1996 on the legal protection of databases.
8. HYPERLINKS AND COOKIES
The www.brakisto.net website may contain hyperlinks to other websites, set up with the permission of Brakisto. However, Brakisto is not in a position to check the content of the websites thus visited, and consequently shall not assume any liability for them.
Browsing the www.brakisto.net website may cause cookies to be installed on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the navigation of a computer on a website. The data thus obtained is intended to facilitate subsequent navigation on the website and is also intended to allow various visitor number measurements.
9. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
Any disputes arising from use of the www.braksito.net website are subject to French law.
10. THE LAWS CONCERNED
Law no. 2018-493 dated 20 june 2018 General Data Protection Regulation (GDPR)
Law no. 78-17 dated 6 January 1978, amended by law no. 2004-801 dated 6 August 2004 on data protection and civil liberties.
Law no. 2004-575 dated 21 June 2004 on confidence in the digital economy.