LEGAL NOTICE

LEGAL NOTICE

Definitions

Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the Civil Code, or any legal entity, visiting the Site covered by these general terms.
Services: https://aloha-agence.com makes the following available to Clients:

Content: all the elements making up the information available on the Site, including text, images and videos.

Client information: hereinafter referred to as "Information", meaning all personal data that may be held by https://aloha-agence.com for the management of your account, the management of the client relationship, and for analysis and statistical purposes.

User: any Internet user connecting to or using the above-mentioned 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 French Law No. 78-17 of 6 January 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

Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://aloha-agence.com are informed of the identity of the various parties involved in its creation and maintenance:

Owner: SARL ALOHA, share capital of €15,000, 22 Avenue de la Costa, 98000 MONACO

Publication manager: Aloha, contact@aloha-agence.com
The publication manager may be a natural person or a legal entity.
Webmaster: Olivier Latger, olivier@pixels.mc
Host: O2switch, Chemin des Pardiaux, 63000 Clermont-Ferrand, France, +33 4 44 44 60 40
Data Protection Officer: Aloha, contact@aloha-agence.com

2. General terms of use of the site and services offered

The Site is a work of authorship protected by the provisions of the Intellectual Property Code and applicable international regulations.
The Client may in no way reuse, assign or exploit for their own account all or part of the elements or works of the Site.

Use of the site https://aloha-agence.com implies full and complete acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of the site https://aloha-agence.com are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, https://aloha-agence.com may decide to interrupt access for technical maintenance, in which case it will endeavour to inform users in advance of the dates and times of the intervention.
The website https://aloha-agence.com is regularly updated by the party responsible for https://aloha-agence.com. Likewise, this legal notice may be amended at any time; it is nevertheless binding on users, who are invited to refer to it as often as possible.

3. Description of the services provided

The purpose of the website https://aloha-agence.com is to provide information about all of the company's activities.
https://aloha-agence.com endeavours to provide information on the site https://aloha-agence.com that is as accurate as possible. However, it cannot be held liable for any omissions, inaccuracies or failures to update, whether caused by itself or by the third-party partners who supply it with this information.

All information on the site https://aloha-agence.com is provided for guidance only and is subject to change. Furthermore, the information on the site https://aloha-agence.com is not exhaustive. It is provided subject to any changes made since it was published online.

4. Contractual limitations on technical data

The site uses JavaScript technology.

The website cannot be held liable for any material damage related to the use of the site. In addition, users of the site undertake to access it using recent, virus-free equipment and an up-to-date, latest-generation browser.
The site https://aloha-agence.com is hosted by a provider located within the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016/679).

The aim is to provide a service that ensures the highest possible level of accessibility. The host ensures continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.

https://aloha-agence.com and the host cannot be held liable for any malfunction of the Internet network, telephone lines or computer and telephone equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and infringement

https://aloha-agence.com owns the intellectual property rights and holds the rights of use for all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorisation of https://aloha-agence.com.

Any unauthorised use of the site or of any of the elements it contains will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitation of liability

https://aloha-agence.com acts as the publisher of the site. https://aloha-agence.com is responsible for the quality and accuracy of the Content it publishes.

https://aloha-agence.com cannot be held liable for any direct or indirect damage caused to the user's equipment when accessing the website https://aloha-agence.com, resulting either from the use of equipment that does not meet the specifications set out in section 4, or from the occurrence of a bug or incompatibility.

Nor can https://aloha-agence.com be held liable for any indirect damage (such as loss of business or loss of opportunity) resulting from the use of the site https://aloha-agence.com.
Interactive areas (the possibility of asking questions in the contact area) are available to users. https://aloha-agence.com reserves the right to remove, without prior notice, any content posted in this area that breaches the legislation applicable in France, in particular the provisions relating to data protection. Where appropriate, https://aloha-agence.com also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of racist, abusive, defamatory or pornographic messages, whatever the medium used (text, photograph, etc.).

7. Personal data management

The Client is informed of the regulations concerning marketing communications, the French Law of 21 June 2004 on confidence in the digital economy, the French Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016/679).

7.1 Parties responsible for the collection of personal data

For Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of the Personal Data is: ALOHA. https://aloha-agence.com is represented by Aloha, its legal representative.

As controller of the data it collects, https://aloha-agence.com undertakes to comply with the applicable legal provisions. In particular, it is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, once their consent has been obtained, with complete information on the processing of their personal data, and to maintain an accurate record of processing activities.
Whenever https://aloha-agence.com processes Personal Data, https://aloha-agence.com takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which https://aloha-agence.com processes it.

7.2 Purposes of the data collected

https://aloha-agence.com may 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 Site usage data, invoicing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
  • to improve browsing on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://aloha-agence.com: email address
  • to conduct communication campaigns (SMS, email): telephone number, email address

https://aloha-agence.com does not sell your personal data, which is therefore used only where necessary or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with the applicable European regulations, Users of https://aloha-agence.com have the following rights:

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of Users' data; right to block or erase Users' personal data (Article 17 GDPR) where it is inaccurate, incomplete, ambiguous or out of date, or where its collection, use, disclosure or storage is prohibited
  • right to withdraw consent at any time (Article 13-2c GDPR)
  • right to restriction of 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 the data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
  • right to define what happens to Users' data after their death and to choose whether https://aloha-agence.com should disclose their data to a third party they have designated in advance

As soon as https://aloha-agence.com becomes aware of the death of a User, and in the absence of instructions from them, https://aloha-agence.com undertakes to destroy their data, unless its retention is necessary for evidential purposes or to meet a legal obligation.

If Users wish to know how https://aloha-agence.com uses their Personal Data, request its rectification or object to its processing, they may contact https://aloha-agence.com in writing at the following address:

ALOHA, DPO, Aloha
22 Avenue de la Costa, 98000 MONACO.

In this case, Users must state which Personal Data they would like https://aloha-agence.com to correct, update or delete, identifying themselves 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 https://aloha-agence.com by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://aloha-agence.com 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

https://aloha-agence.com undertakes not to process, host or transfer the Information collected about its Clients to a country outside the European Union or recognised as "not adequate" by the European Commission without first informing the Client. Nevertheless, https://aloha-agence.com remains free to choose its technical and commercial processors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016/679).

https://aloha-agence.com undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not disclosed to unauthorised persons. However, should an incident affecting the integrity or confidentiality of the Client's Information come to the attention of https://aloha-agence.com, it shall inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://aloha-agence.com does not collect any "sensitive data".

Users' Personal Data may be processed by subsidiaries of https://aloha-agence.com and by processors (service providers), exclusively for the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to the data of Users of https://aloha-agence.com are the members of our customer service team.

8. Incident notification

Whatever efforts are made, 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 notification procedures take into account our legal obligations, whether at national or European level. We undertake to keep our clients fully informed of all matters relating to the security of their account and to provide them with all the information they need to help them meet their own regulatory reporting obligations.

No personal information of users of the site https://aloha-agence.com is published without their knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only in the event of the acquisition of https://aloha-agence.com and its rights could such information be passed on to the potential acquirer, who would in turn be bound by the same obligation to store and modify the data with respect to users of the site https://aloha-agence.com.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://aloha-agence.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, https://aloha-agence.com takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, cookies and Internet tags

The site https://aloha-agence.com contains a number of hyperlinks to other sites, set up with the authorisation of https://aloha-agence.com. However, https://aloha-agence.com is unable to check the content of the sites visited in this way and therefore accepts no liability in this respect.

Unless you choose to disable cookies, you accept that the site may use them. You may disable these cookies at any time, free of charge, using the deactivation options offered to you and set out below, bearing in mind 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 device (e.g. computer, smartphone) (hereinafter "Cookies"). This file contains 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 cannot in any way damage the User's device.

https://aloha-agence.com may process information about the User's visit to the Site, such as the pages viewed and the searches carried out. This information enables https://aloha-agence.com to improve the content of the Site and the User's browsing experience.

As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that Cookies are either stored on the device or rejected, either systematically or depending on their issuer. The User may also configure their browser so that they are asked to accept or refuse Cookies on a case-by-case basis, before a Cookie is stored on their device. https://aloha-agence.com informs the User that, in this case, not all of their browser's features may be available.

If the User refuses to have Cookies stored on their device or browser, or deletes those already stored, the User is informed that their browsing and experience on the Site may be limited. This may also be the case when https://aloha-agence.com or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the Internet.

Where applicable, https://aloha-agence.com accepts no liability for the consequences of the impaired functioning of the Site and of any services offered by https://aloha-agence.com resulting from (i) the User's refusal of Cookies or (ii) the inability of https://aloha-agence.com to store or consult the Cookies necessary for their operation as a result of the User's choice. For the management of Cookies and of the User's choices, the configuration differs from one browser to another. It is described in the browser's help menu, which will explain how the User can change their Cookie preferences.

The User may express and change their Cookie preferences at any time. https://aloha-agence.com 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 the social networks Twitter, Facebook, LinkedIn and Google Plus on the https://aloha-agence.com Site or in its mobile application, and if the User has accepted the use of cookies by continuing to browse the https://aloha-agence.com website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent to them by continuing to browse the https://aloha-agence.com website or mobile application. The User may nevertheless withdraw their consent to https://aloha-agence.com placing this type of cookie at any time.

9.2 Internet tags

https://aloha-agence.com may occasionally use Internet tags (also known as 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 the corresponding information, including the User's IP address) in a foreign country.

These tags are placed both in the online advertisements that allow Internet users to access the Site and on the various pages of the Site.

This technology enables https://aloha-agence.com to assess visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User's use of this Site.

The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for https://aloha-agence.com, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction

Any dispute relating to the use of the site https://aloha-agence.com is subject to French law.
Except where the law does not permit, exclusive jurisdiction is granted to the competent courts of MONACO.