Legal notice
Definitions
Customer: any professional or capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Services: https://www.texen.com makes available to Customers:
Content: All 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 https://www.texen.com for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: “Information which enables, 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”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)
1. Website presentation.
In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, the following information is provided to users of the website https://www.texen.com regarding the identity of the various parties involved in its creation and management:
Owner: TEXEN SAS – Share capital of 4 000 000€ – RCS Bourg-en-Bresse N° 330 318 356 – ZI Le Pognat – BP77 01460 Brion – info@texen.com – +33 4 74 76 71 60 – TVA number: FR 31 330 318 536 –
Publication Manager: Texen – info@texen.com
The publication manager can be an individual or a legal entity.
Conception et Webmaster : Agence Gardeners – +33 4 50 244 244
Hosting Provider: OVH SAS – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Texen – info@texen.com
2. General terms of use of the website and services offered.
The website is an intellectual property protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer, or exploit, for their own benefit, any part of the elements or works on the website.
The use of the website https://www.texen.com implies full acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, so users of the website https://www.texen.com are invited to review them regularly.
This website is generally accessible at all times to users. However, an interruption for technical maintenance may be decided by TEXEN SAS, which will endeavor to notify users in advance of the dates and times of the intervention. The website https://www.texen.com is regularly updated by the responsible party, TEXEN SAS. Similarly, the legal notices may be modified at any time: they remain binding on the user, who is encouraged to refer to them as often as possible in order to stay informed.
3. Description of the services provided.
The website https://www.texen.com aims to provide information about all the activities of the company. TEXEN SAS strives to provide the most accurate information possible on the website https://www.texen.com. However, it cannot be held responsible for any omissions, inaccuracies, or shortcomings in updates, whether caused by the company itself or by third-party partners who provide such information.
All information provided on the website https://www.texen.com is for informational purposes only and may be subject to change. Furthermore, the information on the website https://www.texen.com is not exhaustive. It is provided subject to modifications that may have occurred since its publication.
4. Contractual limitations on technical data.
The website uses JavaScript technology. The website cannot be held responsible for any material damage resulting from the use of the site. Moreover, the user agrees to access the site using up-to-date equipment, free from viruses, and with an updated, modern web browser. The website https://www.texen.com is hosted by a provider located within the European Union, in compliance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The goal is to provide a service that ensures the highest possible accessibility rate. The hosting provider guarantees the continuity of its service 24 hours a day, 365 days a year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate unusually high traffic.
Neither https://www.texen.com nor the hosting provider can be held responsible for any dysfunction of the internet network, telephone lines, or computing and telecommunication equipment, particularly if network congestion prevents access to the server.
5. Intellectual property and infringement.
TEXEN SAS is the owner of the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the website’s elements, regardless of the method or process used, is prohibited without prior written authorization from TEXEN SAS.
Any unauthorized use of the website or any of its elements will be considered an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 and following of the French Intellectual Property Code.
6. Limitations of liability.
TEXEN SAS acts as the publisher of the website. TEXEN SAS is responsible for the quality and accuracy of the content it publishes.
TEXEN SAS cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the website https://www.texen.com, resulting either from the use of equipment that does not meet the specifications outlined in section 4, or from the occurrence of a bug or incompatibility.
EXEN SAS will also not be held responsible for indirect damages (such as loss of market or loss of opportunity) arising from the use of the website https://www.texen.com. Interactive areas (such as the ability to submit questions in the contact section) are available to users. TEXEN SAS reserves the right to remove, without prior notice, any content posted in this area that violates applicable legislation in France, particularly provisions related to data protection. If necessary, TEXEN SAS also reserves the right to hold the user civilly and/or criminally liable, especially in cases of racist, insulting, defamatory, or pornographic messages, regardless of the medium used (text, photographs, etc.).
7. Management of personal data.
The Client is informed about the regulations concerning marketing communication, the Law of June 21, 2014, for Confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Controllers of personal data collection
As part of the collection of Personal Data for account creation and/or browsing on the Site, TEXEN SAS commits to complying with applicable legal provisions. Each time TEXEN SAS processes Personal Data, TEXEN SAS takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which TEXEN SAS processes them.
7.2 Purpose of the collected data
TEXEN SAS may process all or part of the data for the following purposes:
- To enable navigation on the Site and manage and track the services and orders placed by the user: connection and usage data of the Site, billing, order history, etc.
- To prevent and combat 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 https://www.texen.com: email address
- To run communication campaigns (SMS, email): phone number, email address
TEXEN SAS does not sell your personal data, which are therefore only used when necessary or for statistical and analytical purposes.
7.3 Right of Access, rectification and opposition
In accordance with current European regulations, Users of the Site have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completion of the Users’ data
- Right to restrict or delete Users’ personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or when their collection, use, communication, or retention 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 data portability for the data Users have provided, when this data is subject to automated processing based on their consent or a contract (Article 20 GDPR)
- Right to define the fate of Users’ data after their death and to choose whether TEXEN SAS should communicate (or not) their data to a third party they have previously designated
As soon as TEXEN SAS becomes aware of the death of a User and in the absence of instructions from them, TEXEN SAS commits to deleting their data, unless their retention is necessary for legal purposes or to comply with legal obligations.
If the User wishes to know how TEXEN SAS uses their Personal Data, requests rectification, or objects to its processing, they can contact TEXEN SAS in writing at the following address:
TEXEN SAS – DPO, Texen
ZI Le Pognat – BP77 01460 Brion.
Or by email: info@texen.com
In this case, the User must specify the Personal Data they would like TEXEN SAS to correct, update, or delete, and identify themselves clearly with a copy of an ID (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on TEXEN SAS by law, particularly in terms of document retention or archiving. Finally, Site Users may file a complaint with the relevant authorities, notably the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
TEXEN SAS prohibits processing, hosting, or transferring the Information collected from its Clients to a country outside the European Union or one recognized as “inadequate” by the European Commission, without prior notification to the Client. However, TEXEN SAS remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees in line with the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
TEXEN SAS commits to taking all necessary precautions to ensure the security of the Information and to prevent it from being disclosed to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of TEXEN SAS, it will promptly inform the Client and communicate the corrective measures taken. Furthermore, TEXEN SAS does not collect any “sensitive data.”
The User’s Personal Data may be processed by TEXEN SAS subsidiaries and subcontractors (service providers), exclusively for the purposes outlined in this policy.
Within the scope of their respective duties and for the purposes stated above, the main individuals who may have access to the data of Site Users are primarily the agents of our customer service department.
8. Incident notification
Despite our best efforts, no method of transmission over the Internet and no electronic storage method is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected users so they can take appropriate measures. Our incident notification procedures comply with our legal obligations, whether at the national or European level. We are committed to fully informing our clients of any security-related issues regarding their accounts and providing them with the necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the website https://www.texen.com is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only in the event of the acquisition of TEXEN SAS and its rights would the transmission of such information to the potential buyer be allowed, who would, in turn, be bound by the same obligation to retain and modify the data with respect to the user of the website https://www.texen.com.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, TEXEN SAS uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, TEXEN SAS takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hyperlinks, “cookies” and internet tags
The website https://www.texen.com contains a number of hyperlinks to other websites, established with the authorization of TEXEN SAS. However, TEXEN SAS has no possibility of verifying the content of these visited websites and, therefore, assumes no responsibility for this.
Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time, free of charge, through the deactivation options provided and explained below. Please note 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 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 cannot damage the User’s device in any way.
TEXEN SAS may process the User’s information regarding their visit to the Site, such as the pages visited and searches made. This information allows TEXEN SAS to improve the content of the Site and the User’s navigation experience.
Cookies that facilitate navigation and/or the provision of services offered by the Site can be configured in the User’s browser to decide whether they wish to accept them or not, allowing cookies to be stored on the device or, conversely, rejected—either systematically or depending on the sender. The User can also configure their browser to prompt them to accept or refuse cookies on a case-by-case basis before a cookie is potentially stored on their device. TEXEN SAS informs the User that, in this case, some features of their browser may not be available.
If the User refuses to store cookies on their device or browser, or if the User deletes previously stored cookies, they are informed that their browsing experience and access to the Site may be limited. This may also occur if TEXEN SAS or one of its providers cannot recognize, for technical compatibility reasons, the type of browser used by the device, language and display settings, or the country from which the device appears to be connected to the Internet.
In such cases, TEXEN SAS disclaims any responsibility for any consequences related to the degraded functioning of the Site and services potentially offered by TEXEN SAS, resulting from (i) the User’s refusal of cookies, (ii) TEXEN SAS’s inability to store or access the cookies necessary for the operation due to the User’s choices. Browser cookie management and the User’s choices are specific to each browser. It is described in the browser’s help menu, which explains how the User can modify their cookie preferences.
At any time, the User can express and modify their cookie preferences. TEXEN SAS may also use external providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn, and Google Plus on the TEXEN SAS website or mobile app, and if the User has accepted the use of cookies by continuing to browse the TEXEN SAS website or mobile app, Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These cookies are only placed on your devices if you consent by continuing to browse the TEXEN SAS website or mobile app. However, at any time, the User can withdraw their consent for TEXEN SAS to place such cookies.
Article 9.2. Internet tags
TEXEN SAS may occasionally use Internet tags (also known as “tags,” action tags, 1-pixel GIFs, transparent GIFs, invisible GIFs, and 1×1 GIFs) and deploy them through a web analytics partner, who may store the corresponding information (including the User’s IP address) in a foreign country.
These tags are placed in online ads that allow users to access the Site, as well as on various pages of the Site.
This technology allows TEXEN SAS to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, how many times a page is opened and which information is viewed), as well as the User’s use of the Site.
The external provider may collect information about visitors to the Site and other websites using these tags, generate reports on the Site’s activity for TEXEN SAS, and provide other services related to the Site and Internet usage.
10. Governing law and jurisdiction
Any dispute related to the use of the website https://www.texen.com is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Bourg-en-Bresse.