+33 (0) 4 74 02 73 73Legal information
Presentation of the site
Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the Merard.com site are informed of the identity of the various parties involved in its implementation and monitoring:
Owner : MERARD – 45 rue Georges Charpak – ZAC Lybertec, 69220 BELLEVILLE EN BEAUJOLAIS, FRANCE
Person in charge of publication : Patrick MOTEL – contact@merard.fr
The person in charge of publication is an individual or a legal entity.
Webmaster : JL Consulting Web – https://www.consulting-web.com/
Host : OVH – 2 rue Kellermann 59100 Roubaix
2. General conditions of use of the site and the services offered
The use of the site Merard.com implies the full acceptance of the general conditions of use hereafter described. These conditions of use are likely to be modified or completed at any time, the users of the site Merard.com are thus invited to consult them regularly.
This site is normally accessible to users at all times. An interruption for reason of technical maintenance can be however decided by MERARD, which will endeavour then to communicate beforehand to the users the dates and hours of the intervention.
The Merard.com website is regularly updated by Patrick MOTEL. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to the user who is invited to refer to them as often as possible in order to read them.
3. Description of the services provided
4. Contractual limitations on technical data
The site uses JavaScript technology.
The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a last generation browser updated
5. Intellectual property and counterfeiting
MERARD is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software.
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 prior written authorization of : MERARD.
Any unauthorized exploitation 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 and following of the Intellectual Property Code.
6. Limitations of liability
MERARD could not be held responsible for the direct and indirect damage caused with the material of the user, at the time of the access to the site Merard.com, and resulting either from the use of a material not answering the specifications indicated in point 4, or of the appearance of a bug or an incompatibility.
MERARD could also not be held responsible for the indirect damage (such as for example a loss of market or loss of a chance) consecutive to the use of the site Merard.com.
Interactive spaces (possibility of asking questions in the space contact) are at the disposal of the users. MERARD reserves the right to remove, without prior notice, any content posted in this area that contravenes the applicable legislation in France, in particular the provisions relating to data protection. If necessary, MERARD also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph…).
7. Personal data management
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected within the framework of the creation of the personal account of the User and its navigation on the Site, the person in charge of the treatment of the Personal Data is: Merard. www.merard.com is represented by Patrick MOTEL, its legal representative
As the person in charge of processing the data it collects, www.merard.com undertakes to respect the legal provisions in force. In particular, it is the Customer’s responsibility 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 register of processing in accordance with the reality.
Each time that www.merard.com processes Personal Data, www.merard.com takes all the reasonable measures to ensure the exactitude and the relevance of the Personal Data with regard to the purposes for which www.merard.com processes them.
7.2 Purpose of the data collected
www.merard.com is likely to process all or part of the data:
to enable navigation on the Site and the management and traceability of the services ordered by the user: connection data and use of the Site, billing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking…): 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 www.merard.com: email address
to carry out communication campaigns (sms, email): telephone number, email address
www.merard.com does not market your personal data which are thus only used by necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of www.merard.com have the following rights:
right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users’ data right to block or delete Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
the right to withdraw consent at any time (Article 13-2c GDPR)
the right to limit the processing of Users’ data (article 18 RGPD)
right to object to the processing of Users’ data (Article 21 GDPR)
the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
right to define the fate of the data of the Users after their death and to choose to whom www.merard.com will have to communicate (or not) their data to a third party that they will have beforehand designated
As soon as www.merard.com has knowledge of the death of a User and in the absence of instructions of its share, www.merard.com commits itself destroying its data, except if their conservation proves to be necessary at evidential ends or to answer a legal obligation.
If the User wishes to know how www.merard.com uses his Personal Data, to ask to rectify them or to oppose their processing, the User can contact www.merard.com in writing at the following address
Merard – DPO, Merard
45 rue Georges Charpak – ZAC Lybertec, 69220 BELLEVILLE EN BEAUJOLAIS, FRANCE
In this case, the User must indicate the Personal Data that he/she would like www.merard.com to correct, update or delete, identifying him/herself 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 www.merard.com by law, in particular as regards the conservation or archiving of documents. Finally, the Users of www.merard.com can file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
The website www.merard.com is declared to the C.N.I.L. (Commission Nationale de l’Informatique et des Libertés) under the number 72564046.
7.4 Non-disclosure of personal data
www.merard.com refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “not adequate” by the European Commission without informing the customer in advance. For as much, www.merard.com remains free of the choice of its technical and commercial subcontractors provided that they present the sufficient guarantees with regard to the requirements of the General Regulation on the Protection of the Data (RGPD: n° 2016-679).
www.merard.com 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 Customer’s Information is brought to the attention of www.merard.com, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. In addition www.merard.com does not collect any “sensitive data”.
The Personal Data of the User can be treated by subsidiaries of www.merard.com and subcontractors (service providers), exclusively in order to achieve the purposes of the present policy.
Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of the Users of www.merard.com are mainly the agents of our customer service.
8. Hyperlinks and cookies
The Merard.com site contains a number of hyperlinks to other sites, set up with the authorization of MERARD. However, MERARD does not have the possibility of verifying the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
See our section on cookies.
9. Applicable law and jurisdiction
Any litigation in connection with the use of the site Merard.com is subjected to the French right. The competent courts of Paris have exclusive jurisdiction.
10. The main laws involved
Law no. 78-17 of January 6, 1978, as amended by Law no. 2004-801 of August 6, 2004 on information technology, files and freedoms.
Law n° 2004-575 of June 21, 2004 for confidence in the digital economy.
11. Lexique
User: Internet user connecting, using the above-mentioned site.
Personal information: “information that allows, in any form whatsoever, directly or not, the identification of individuals to whom they apply” (Article 4 of Law No. 78-17 of 6 January 1978).
