Legal Notice
Definitions
Client: 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 subject to these general terms and conditions.
Benefits and Services: Examino provides Clients with:
Content: All elements constituting the information present on the Site, in particular texts – images – videos.
Customer Information: Hereinafter referred to as "Information", which corresponds to all personal data that may be held by Examino for the management of your account, customer relationship management, and for analytical and statistical purposes.
User: Internet user connecting to and using the aforementioned site.
Personal Information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law no. 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. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the examino.ai website are informed of the identity of the various parties involved in its creation and follow-up:
Owner :
EXAMINO
49 Rue de Ponthieu,
75008 Paris
Simplified Joint-Stock Company (SAS) with a share capital of €1000.00
VAT Number: FR76989510375
Publication Manager : Dorian COLIN – dorian.colin@examino.ai
Webmaster : Dimitri NICOLAS – dimitri.nicolas@examino.ai
Host : OOEO – 49 rue de Ponthieu, 75008 Paris
Data Protection Officer : Dimitri NICOLAS – dimitri.nicolas@examino.ai
2. General terms and conditions of use of the site and the 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, assign, or exploit for their own account all or part of the elements or works of the Site.
Use of the examino.ai site implies full and complete acceptance of the general terms and conditions of use described below. These terms of use are subject to change or completion at any time; users of the examino.ai site are therefore invited to consult them on a regular basis.
This website is normally accessible to users at all times. An interruption for technical maintenance reasons may, however, be decided by Examino, which will then endeavor to communicate the dates and times of the intervention to users in advance. The examino.ai website is updated regularly by the Examino manager. Similarly, 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 read them.
3. Description of services provided.
The purpose of the examino.ai website is to provide information regarding all of the company's activities. Examino strives to provide information that is as accurate as possible on the examino.ai site. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updating, whether by itself or by third-party partners who provide this information.
All information indicated on the examino.ai site is given for information purposes only and is subject to change. Furthermore, the information on the examino.ai site is not exhaustive. It is given subject to modifications that may have been made 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, virus-free equipment and with a latest-generation, updated browser. The examino.ai 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 rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the possibility of interrupting the hosting service for the shortest possible durations, in particular for maintenance, improvement of its infrastructures, failure of its infrastructures, or if the Benefits and Services generate traffic deemed abnormal.
Examino cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephony equipment related in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
Examino is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, in particular texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written authorization of: examino.ai.
Any unauthorized use of the site or 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 and following of the Intellectual Property Code.
6. Limitations of liability.
Examino acts as the publisher of the site. Examino is responsible for the quality and veracity of the Content it publishes.
Examino cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the examino.ai 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.
Examino cannot also be held responsible for indirect damages (such as, for example, a loss of market or loss of an opportunity) consecutive to the use of the examino.ai site. Interactive spaces (possibility of asking questions in the contact area) are available to users. Examino reserves the right to delete, without prior notice, any content posted in this space that would violate the legislation applicable in France, in particular the provisions relating to data protection. If applicable, Examino also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of a racist, abusive, defamatory, or pornographic message, regardless of the medium used (text, photograph, etc.).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 06, 2004, as well as the General Data Protection Regulation (GDPR: no. 2016-679).
7.1 Data controllers of personal data
For Personal Data collected as part of the creation of the User's personal account and their navigation on the Site, the person responsible for processing Personal Data is: Examino. Examino is represented by Dimitri NICOLAS, its legal representative.
As the person responsible for processing the data it collects, Examino undertakes to comply with the framework of the legal provisions in force. It is the Client's responsibility, in particular, to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data, and to maintain a record of processing consistent with reality. Each time Examino processes Personal Data, Examino takes all reasonable measures to ensure the accuracy and relevance of the Personal Data regarding the purposes for which Examino processes them.
7.2 Purpose of the collected data
Examino may process all or part of the data:
to enable navigation on the Site and the management and traceability of the services and benefits ordered by the user: connection and usage data for the Site, billing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
to improve navigation on the Site: connection and usage data
to conduct optional satisfaction surveys on examino.ai: email address
to conduct communication campaigns (SMS, email): phone number, email address
Examino does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification, and opposition
In accordance with the European regulations in force, Users of Examino have the following rights:
right of access (Article 15 GDPR) and rectification (Article 16 GDPR), update, completion of User data right to lock or erase User personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or conservation is prohibited
right to withdraw consent at any time (Article 13-2c GDPR)
right to limit the processing of User data (Article 18 GDPR)
right to object to the processing of User data (Article 21 GDPR)
right to portability of the data that Users will 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 Examino will have to communicate (or not) their data to a third party that they will have previously designated
As soon as Examino becomes aware of the death of a User and in the absence of instructions from them, Examino undertakes to destroy their data, unless its conservation is necessary for evidentiary purposes or to fulfill a legal obligation.
If the User wishes to know how Examino uses their Personal Data, requests to rectify them, or objects to their processing, the User can contact Examino in writing at the following address:
OOEO – DPO, Dimitri NICOLAS
49 rue de Ponthieu, 75008 Paris
In this case, the User must indicate the Personal Data that they would like Examino 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 Examino by law, in particular concerning the conservation or archiving of documents. Finally, Users of Examino can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
Examino refrains from processing, hosting, or transferring Information collected on its Clients to a country located outside the European Union or recognized as "unsuitable" by the European Commission without informing the client in advance. However, Examino remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
Examino undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client's Information is brought to Examino's attention, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, Examino does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of Examino and subcontractors (service providers), exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes recalled above, the main people likely to have access to the data of Examino Users are mainly the agents of our customer service department.
8. Incident notification
Regardless of the efforts made, no method of transmission on the Internet and no method of electronic storage is completely secure. We cannot, therefore, guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate measures. 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 the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the Examino site is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the assumption of the repurchase of Examino and its rights would allow the transmission of said information to the potential acquirer, who would in turn be held to the same obligation of conservation and modification of data with respect to the user of the Examino site.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, Examino uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and password.
When processing Personal Data, Examino takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links "cookies" and internet tags
The Examino site contains a certain number of hypertext links to other sites, set up with the authorization of Examino. However, Examino does not have the possibility of verifying the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site can use them. You can disable these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility 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 saved 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, as well as the date and time of access. Cookies do not risk damaging the User's terminal in any way.
Examino is likely to process the User's information concerning their visit to the Site, such as pages viewed, searches performed. This information allows Examino to improve the content of the Site, of the User's navigation.
Since 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 they wish to accept them so that Cookies are saved in the terminal or, conversely, that they are rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them occasionally, before a Cookie is likely to be saved in their terminal. Examino informs the User that, in this case, it may be that the functionalities of their browser software are not all available.
If the User refuses the registration of Cookies in their terminal or their browser, or if the User deletes those registered there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when Examino 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 seems connected to the Internet.
Where applicable, Examino declines all responsibility for the consequences related to the degraded functioning of the Site and services possibly offered by Examino, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Examino to save or consult the Cookies necessary for their operation 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 help menu of the browser, which will allow knowing how the User can modify their wishes regarding Cookies.
At any time, the User can make the choice to express and modify their wishes regarding Cookies. Examino may also call on the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin, and Google Plus appearing on the Examino Site or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Website or mobile application of Examino, Twitter, Facebook, Linkedin, and Google Plus can 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 Website or mobile application of Examino. At any time, the User can nevertheless withdraw their consent for examino.ai to deposit this type of cookies.
Article 9.2. Internet Tags
Examino may occasionally employ Internet tags (also called "tags", or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialist Web analysis partner likely to be located (and therefore to 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 it.
This technology allows Examino to evaluate the responses of visitors 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 possibly collect information on visitors to the Site and other websites through these tags, constitute reports on the activity of the Site for the attention of Examino, and provide other services relating to the use of it and the Internet.
10. Applicable law and attribution of jurisdiction.
Any dispute in connection with the use of the examino.ai 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 Paris.