WEBSITE TERMS AND CONDITIONS OF USE
Welcome to the website www.blumorpho.com (hereafter referred to as the “Site”). The aim of this site is to provide information about the services and activities of the company BLUMORPHO (hereafter referred to as “BLUMORPHO”). In accordance with the law, we invite you to read the following Terms and Conditions of use (hereafter referred to as the “Terms and Conditions”). These Terms and Conditions relate to the legal rights and responsibilities applicable when you use this Site. This site is at your disposal for personal use, subject to the following Terms and Conditions being respected. By accessing this Site, browsing and/or using it, you acknowledge having read, understood and accepted these Terms and Conditions, and that you undertake to comply with the relevant laws and regulations. If you do not accept these Terms and Conditions, please do not use this Site. You undertake to access the information provided on this Site only for personal and non-commercial use. The Site must only be used for legal ends; no unauthorized use or misappropriation is permitted. The content of this legal notice may be subject to change; consequently, we invite you to consult this page on a regular basis and check the last date it was updated.
1. LEGAL INFORMATION
This Site is published by BLUMORPHO, a SAS company (Société par Actions Simplifiée) with a capital of 7600€, registered office at 8 rue de l’Isly – 75008 PARIS, France, registered on the “Registre du Commerce et des Sociétés” (Trade and Companies Register) under the registration number 80938704600018 RCS Paris. The Site publication director is Géraldine ANDRIEUX, CEO. The Site content is hosted on servers belonging to OVH, with a capital of 10 059 500€, registered office at 2 rue Kellermann 59100 ROUBAIX – France, registered on the “Registre du Commerce et des Sociétés” (Trade and Companies Register) under number 42476141900045 RCS Lille.
For more information on how our services may be used to facilitate your personal data processing, and the responsibilities and commitments of BLUMORPHO in relation to this, please refer to the applicable terms.
PERSONAL DATA PROCESSED
Personal data refers to data that identifies you as an individual. We may process the following types of personal data about you:
- Your contact details including your name, email address and telephone number
- User information; for example, whether you connect to our services or visit our websites. This information may include IP address, type of device and browser, time zone, geographical location, your interests and preferences, and information on how you interact with our services; for example, on features used and buttons clicked.
- Other information we receive through your contacts
PURPOSES OF THE PROCESSING
We process your personal data for the following purposes:
- To provide our services in accordance with the applicable terms
- To manage the business relationship with you and the BLUMORPHO customer you represent
- To develop and improve our services
- To provide information and offers to current or potential BLUMORPHO customers on our services through selected third parties For the avoidance of doubt, all marketing materials distributed using your personal data are sent to you as a current or potential customer of BLUMORPHO and not you as a private individual.
It is our responsibility to process specific, relevant and necessary personal data while taking into consideration our legitimate purposes. It is your right to monitor us, to manage your own data and to oppose the use of your data.
To do so, please contact us on email@example.com. To receive, free of charge, an extract of the personal data we process about you, send us a signed letter at the BLUMORPHO address.
2. INTELLECTUAL PROPERTY
2.1 THE OWNER OF THE INTELLECTUAL PROPERTY
This site is governed by French legislation relating to copyright law, trademark law and, generally, to intellectual property rights. BLUMORPHO’s brands and logos (semi-figurative marks) appearing on the Site are registered trademarks. Any reproduction or representation, total or partial, alone or integrated into other elements, without express and prior written permission from BLUMORPHO, its subsidiary companies, and subsidiary entities, or controlling companies, is strictly prohibited. The general Site structure, software, text, images, videos, sound, expertise, animations and, more generally, all information and content appearing on the Site are, except if otherwise stated, the property of BLUMORPHO, its subsidiary companies or subsidiary entities or are subject to user or performance rights.
2.2 INTELLECTUAL PROPERTY LEGISLATION
These elements are governed by copyright protection laws. Any representation, modification, reproduction, distortion, either total or partial, of all or a part of the Site and its content, by any method and using any medium, constitutes counterfeiting according to articles L335-2 onwards of the “Code de la Propriété Intellectuelle” (Intellectual Property Code). These Terms and Conditions do not grant any license for using brands, logos or photographs belonging to BLUMORPHO, its subsidiary companies, subsidiary entities or controlling companies. The Site databases, if present, are protected by provisions relating to legal protection of databases. As such, BLUMORPHO expressly prohibits any reuse, reproduction or extraction of elements from their databases.
2.3 MISUSE OF INTELLECTUAL PROPERTY
The user will be held responsible for any unauthorised reuse, reproduction or extraction. Blumorpho reserves the right to remove immediately, and without prior formal notice, any content, message, text, image, graphic which contravene any law or regulation in force. Should you wish to use any Site content (text, image, etc.), you must obtain express prior written permission from BLUMORPHO, its subsidiary companies or subsidiary entities, by writing to the address specified in the “Legal Information” section.
3. RESPECT FOR PRIVACY
As a user of this Site, you are required to respect applicable legislation and especially provisions made by the law on data protection and civil liberties, violation of which is subject to criminal penalties. In particular, it is prohibited to collect or misuse information, especially any personal information which you may access and generally to commit any act which is likely to undermine privacy, honor, sensitivity, brand image, reputation of any natural person or legal entity and especially that of BLUMORPHO, its subsidiaries, affiliated and managing entities, by avoiding any defamatory, provocative, malicious, derogatory or threatening comment or message via any medium.
4.1 DATA COLLECTION AND PRIVACY
In order to provide a better service, during your navigation of the Site, BLUMORPHO may collect personal data about you, which is processed using electronic means. The personal data that may be collected is destined for use solely by BLUMORPHO allowing you to benefit from the services offered on the Site and inform you about products and services. BLUMORPHO may also communicate this information to other companies within the Group, to their brokers, insurers as well as third parties or sub-contractors, but only for the administration or canvassing purposes, except where you have opposed this.
We may share personal data with third parties for the purposes explained above. For the avoidance of doubt, we do not share personal data with third parties so they can use it for direct marketing purposes in relation to you as an individual but only you as a representative of a current or potential BLUMORPHO customer.
We may transfer personal data to a country outside the European Economic Area whose servers might have different standards for data protection and processing of personal data. This transfer is to be done legally and securely.
No other personal information concerning you will be shared with a third party or used for another means.
4.2 DELETION OF YOUR PERSONAL DATA
In accordance with the Data Protection and Civil Liberties law of 6th January 1978, you have the right to access, modify, rectify and remove the personal data that we have collected (Article 34 of the “Informatique et Libertés” law). To exercise this right, contact: BLUMORPHO 8 rue de l’Isly – 75008 Paris France. As specified above, you may withdraw your permission, without charge, for your personal data to be used for canvassing purposes. This site is covered by a declaration to the French Data Protection Office CNIL under the number 2126176. For the total deletion of your personal data, you may address an e-mail to this effect to firstname.lastname@example.org.
4.3 Cookies Management
We take your privacy very seriously!
BLUMORPHO is a company based in Franceand, as such, we comply with Frenchdata protection legislation (1998: 204) implementing European data protection Directive 95/46/EC.
5. GDPR PROVISIONS
5.1 DATA CONTROLLERSHIP
BLUMORPHO is the controller of data collected on the websiteblumorpho.com.The user is hereby informed that pursuant to article 32 of the amended Data Protection Act of 6 January 1978, the information they provide through forms on the BLUMORPHO Website is required to respond to their request and is intended for the services responsible for responding to their request for monitoring purposes.
5.2 MANAGING YOUR OWN DATA
Pursuant to the provisions of articles 39 and 40 of the ‘Data Protection Act’ of 6 January 1978, amended in 2004, the user has the right to access, correct, update and delete information about them. This right may be exercised by writing to BLUMORPHO, specifying ‘Data subject’s rights’ in the subject line of the letter and attaching a copy of their identity document. You also have the right to provide guidance on what happens to your data after your death.
5.3 OPPOSING THE USE OF YOUR DATA
Pursuant to the provisions of article 38 of the ‘Data Protection Act’ of 6 January 1978, amended in 2004, the user can also oppose the processing of their data for legitimate reasons and oppose, free of charge and without giving any reason, the use of their data for marketing purposes. The user is hereby informed that during their visits to the website blumorpho.com, a cookie may be automatically installed on their browsing software.
5.4 DATA STORAGE
Information collected on this website will be stored for a period of three years. A cookie is a block of data that does not allow users to be identified but is used to record information about their browsing on the website. Browser settings can be configured to notify you of the presence of cookies and possibly allow you to refuse them as described at the following address: www.cnil.fr. The user has the right to access, withdraw and change personal data provided through cookies under the conditions specified above. Users of the BLUMORPHO website are required to comply with the amended Data Protection Act of 6 January 1978, breach of which may lead to prosecution. In particular, with regard to the personal data they access, users must not collect, misuse or generally carry out any act likely to infringe the privacy or reputation of individuals.
6. LIMITATION OF RESPONSIBILITY AND EXCLUSION FROM LIABILITY
6.1 LIABILITY OVER THE USE OF THIS SITE
As a user of this Site, you acknowledge that you have the necessary skills and means to access the Site. BLUMORPHO and its contributors undertake to do everything possible to ensure that the information on this Site is accurate and up-to-date, reserving the right to modify the content at any moment without prior warning. However, BLUMORPHO and its contributors can offer no guarantee nor assume any responsibility, under any circumstances, as to the appropriateness, arrangement, accuracy, absence of errors, completeness, genuineness, relevance, trustworthy and commercial nature, quality, validity, and availability of the information contained on the Site. In addition, no guarantee is provided that the information has not been modified by a third party (through piracy or viruses). BLUMORPHO and its contributors also decline all responsibility (direct and indirect) in the event of delay, error or omission concerning the content and the use of these pages, in the event of the service being interrupted or unavailable.
6.2 YOUR USE OF THE SITE
Each visitor to the Site fully accepts that the use of the content is at his/her own risk. Inaccurate information or omissions may be present due especially to typographic errors or typesetting anomalies. If you notice any errors, we invite you to bring them to our attention so that the relevant corrections may be made. You acknowledge having been informed that the Site is accessible 24 hours a day, 7 days a week, except in the event of a force majeure, IT problems, problems linked to the telecommunications network or other technical problems. For maintenance reasons, BLUMORPHO may interrupt access to the Site but will make all reasonable efforts to give prior warning to users.
6.3 EXCLUSION OF LIABILITY
BLUMORPHO may not be held responsible for delays, problems in use, or incompatibility between the Site and files, your browser or any other method of accessing the Site. BLUMORPHO may, under no circumstances, be held responsible for any direct or indirect damage resulting from, or consecutive to, a virus being disseminated by a third party through the Site which is susceptible to infect your IT system following your connection to the Site, use of the Site or navigation on the Site. In the same way, BLUMORPHO may not be held responsible for any damage to equipment or accessories (including, but not limited to, technical failure, disclosure of confidential documents, loss of data), nor for any indirect damage, arising from or linked to use of the Site.
6.4 CONTENT OF THE SITE
The elements of the Site are provided “as is” with no guarantee of any sort, implicit or explicit. BLUMORPHO categorically rejects any interpretation which aims to compare the content of this Site to bids or incitation to acquire shares or other securities, listed or unlisted, in BLUMORPHO, or any direct or indirect subsidiaries or affiliated companies. BLUMORPHO reserves the right, at its sole discretion, to modify any element on this Site. With the objective of optimizing and updating the Site, BLUMORPHO may decide to modify these Terms and Conditions. Any information on the Site that bears a date is valid only for the date specified. You are also reminded that confidentiality in correspondence is not guaranteed on the network and that it is the responsibility of each internet user to take appropriate measures to protect his/her own data and/or software from contamination by any viruses. The Site gives access to other sites belonging to BLUMORPHO, BLUMORPHO partners and also other companies in the Yole Group, which may have their own legal notices, which should be consulted and observed.
BLUMORPHO cannot be held responsible for any hyperlinks pointing to other sites, especially for the content of these sites and particularly for commercial offers which should be proposed to you. BLUMORPHO, its subsidiaries, and affiliated entities formally decline all responsibility for the content of the sites to which links on the Blumorpho Site point. These links are offered as a service to the users of the Site or the sites of its subsidiaries and affiliated entities. The decision to follow these links is exclusively that of the web user.
8. NOTICE ON PROVISIONAL INFORMATION
The Site may contain certain non-historic data made up of provisional statements and especially prospective statements concerning events, trends, plans or future objectives. These statements are founded on the current views and suppositions of management and are likely to be associated with risks and uncertainties which may result in a significant difference between real results and those contained explicitly or implicitly in these statements (or prior results). Additional information concerning such risks and uncertainties may be found in the documents submitted by BLUMORPHO to the relevant authorities. Provisional statements are presented on a certain date and BLUMORPHO does not commit to updating or revising them, whether there is new information, future events or for any other reason.
9. GOVERNING STATUTE
If, for whatever reason, a competent court should consider that a clause in these Terms and Conditions is invalid, the invalidity of this clause will not in any way affect the rest of the Terms and Conditions, which will remain in force. The Site is governed by French law. These Terms and Conditions will be interpreted according to French law. Visitors to the Site from countries outside of France must ensure that they respect local applicable laws.