Legal Notices / Privacy Policy

1. Website Presentation

Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique), the following information is provided to users of the website https://www.dagoba.app, hereinafter referred to as the "Site", regarding the identity of the various parties involved in its creation and management:

Owner: DAGOBA France SAS, a simplified joint-stock company (société par actions simplifiée) with a share capital of €50,000, hereinafter "DAGOBA", with its registered office located at 10 rue de Penthièvre - 75008 PARIS, Trade and Companies Register (R.C.S.): 849 160 700 R.C.S Paris, SIRET: 849 160 700 00027, Intra-community VAT number: FR18849160700
Publication manager: DAGOBA | contact@dagoba.app
Development: DAGOBA | contact@dagoba.app
Host: OVH | 2 rue Kellermann - 59100 Roubaix - France | RCS Lille Métropole 424 761 419 00045
Data Protection Officer: DAGOBA - contact@dagoba.app

2. General Terms of Use of the Site and Services Offered

The Site constitutes a work of authorship protected by the provisions of the Code de la Propriété Intellectuelle and applicable International Regulations. Users may not in any way reuse, transfer, or exploit for their own benefit all or part of the elements or works of the Site.

Use of the Site implies full and complete acceptance of the general terms of use described hereinafter. These terms of use may be modified or supplemented at any time; users of the Site are therefore encouraged to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by DAGOBA, which will then endeavor to communicate the dates and times of the intervention to users in advance. The website is regularly updated by DAGOBA. Likewise, the legal notices may be modified at any time: they are nevertheless binding on users, who are encouraged to refer to them as often as possible in order to familiarize themselves with their content.

3. Contractual Limitations on Technical Data

The Site uses JavaScript technology. The website shall not be held liable for material damages related to the use of the Site. Furthermore, users of the Site agree to access the Site using up-to-date equipment, free of viruses, and with a latest-generation, updated browser. The Site is hosted by a service provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR (RGPD): No. 2016-679).

The objective is to provide a service that ensures the best possible accessibility rate. The host ensures the 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, particularly for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services generate abnormally high traffic.

DAGOBA and the host shall not be held liable in the event of malfunction of the Internet network, telephone lines, or computer and telephony equipment, particularly in connection with network congestion preventing access to the server.

4. Intellectual Property and Counterfeiting

DAGOBA is the owner of the intellectual property rights and holds the rights of use over all elements accessible on the website, including but not limited to 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 DAGOBA.

Any unauthorized use of the Site or any of its elements shall be deemed to constitute an infringement and shall be prosecuted in accordance with the provisions of articles L.335-2 et suivants du Code de Propriété Intellectuelle.

5. Limitations of Liability

DAGOBA acts as the publisher of the Site. DAGOBA is responsible for the quality and accuracy of the Content it publishes.

DAGOBA shall not be held liable for direct or indirect damages caused to the user's equipment when accessing the website, resulting either from the use of equipment that does not meet the specifications indicated in section 4, or from the occurrence of a bug or incompatibility.

DAGOBA shall also not be held liable for indirect damages (such as, for example, loss of market or loss of opportunity) resulting from the use of the Site. Interactive spaces (the ability to ask questions in the contact area) are made available to users. DAGOBA reserves the right to delete, without prior formal notice, any content posted in this area that would contravene the legislation applicable in France, particularly the provisions relating to data protection. Where applicable, DAGOBA also reserves the right to hold the user civilly and/or criminally liable, particularly in the case of messages of a racist, defamatory, insulting, or pornographic nature, regardless of the medium used (text, photograph, etc.).

6. Personal Data Management

The Client is informed of the regulations concerning marketing communications, the loi du 21 Juin 2014 pour la confiance dans l'Economie Numérique, the Loi Informatique et Liberté du 06 Août 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

6.1 Controllers of Personal Data Collection

For Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of Personal Data processing is: DAGOBA, represented by Franz Jourdan, its legal representative.

As the controller of the data it collects, DAGOBA undertakes to comply with the applicable legal provisions in force. In particular, it is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consent, with complete information on the processing of their personal data, and to maintain a processing register that reflects reality. Whenever DAGOBA processes Personal Data, DAGOBA takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which DAGOBA processes them.

6.2 Purpose of Data Collected

DAGOBA may process all or part of the data:

to enable browsing on the Site and the management and traceability of services and products ordered 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 browsing on the Site: connection and usage data.
to conduct optional satisfaction surveys on DAGOBA: email address.
to conduct communication campaigns (SMS, email): phone number, email address.
DAGOBA does not sell your personal data, which is therefore used solely out of necessity or for statistical and analytical purposes.

6.3 Right of Access, Rectification, and Objection

In accordance with current European regulations, Users have the following rights:

right of access (article 15 RGPD) and rectification (article 16 RGPD), right to update and complete User data, right to lock or erase personal data of Users (article 17 du RGPD), when such data is inaccurate, incomplete, ambiguous, outdated, or when the collection, use, communication, or retention thereof is prohibited
right to withdraw consent at any time (article 13-2c RGPD)
right to restrict the processing of User data (article 18 RGPD)
right to object to the processing of User data (article 21 RGPD)
right to data portability of the data provided by Users, when such data is subject to automated processing based on their consent or on a contract (article 20 RGPD)
right to determine the fate of User data after their death and to choose to whom DAGOBA shall communicate (or not) their data to a third party previously designated by the User
As soon as DAGOBA becomes aware of the death of a User and in the absence of instructions from the User, DAGOBA undertakes to destroy their data, unless retention is necessary for evidentiary purposes or to comply with a legal obligation. If the User wishes to know how DAGOBA uses their Personal Data, to request rectification, or to object to their processing, the User may contact DAGOBA in writing at the following address: contact@dagoba.app.

In such case, the User must indicate the Personal Data they wish DAGOBA to correct, update, or delete, by providing precise identification with a copy of an identity document (identity card or passport). Requests for deletion of Personal Data shall be subject to the obligations imposed on DAGOBA by law, particularly with regard to the retention or archiving of documents. Finally, Users may file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

6.4 Non-Disclosure of Personal Data

DAGOBA shall not process, host, or transfer Information collected from its Clients to a country located outside the European Union or deemed "inadequate" by the European Commission without prior notification to the Client. However, DAGOBA remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

DAGOBA undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not disclosed to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Client Information is brought to the attention of DAGOBA, it must promptly inform the Client and communicate the corrective measures taken. Furthermore, DAGOBA does not collect any "sensitive data."

Users' Personal Data may be processed by DAGOBA subsidiaries and subcontractors (service providers), solely for the purpose of fulfilling the objectives of this policy.

Within the limits of their respective roles and for the purposes stated above, the principal persons likely to have access to User data are primarily our customer service agents.

6.5 Third-Party Authentication Services (Google Sign-In)

DAGOBA offers Users the option to register and log in via the Google Sign-In service. This section describes the Google data we collect and how we use it, in accordance with the Google API Services User Data Policy.

6.5.1 Google Data Collected

When you choose to log in via Google Sign-In, we access the following data from your Google account:

Email address: Your email address associated with your Google account.
Basic profile information: Your first and last name as they appear on your Google account.
Google unique identifier (Google UID): A technical identifier used to link your DAGOBA account to your Google account.

We do not access any other data from your Google account (contacts, calendar, Drive files, etc.).

6.5.2 Use of Google Data

The Google data collected is used exclusively for the following purposes:

Account creation: Your email and name are used to create your DAGOBA account if you do not already have one.
Authentication: The Google UID identifier allows us to recognize you during future logins via Google.
Communication: Your email address may be used to send you information relating to your account.

We do not sell, rent, or share your Google data with third parties for commercial or advertising purposes.

6.5.3 Storage and Security of Google Data

Google data is stored securely on our servers hosted within the European Union (OVH). The Google UID identifier is stored in encrypted form in our database. We apply the same security measures to your Google data as to all other personal data described in this policy.

6.5.4 Deletion of Google Data

You may request the deletion of your Google data from our systems at any time by contacting us at contact@dagoba.app. Deletion of your DAGOBA account will also result in the deletion of all associated Google data. You may also revoke DAGOBA's access to your Google account from the security settings of your Google account (https://myaccount.google.com/permissions).

7. Incident Notification

Regardless of the efforts 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 affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations. We undertake to fully inform our clients of all matters relating to the security of their account and to provide them with all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the Site user is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium whatsoever to third parties. Only in the event of the acquisition of DAGOBA and its rights would the transmission of said information to the potential acquirer be permitted, who would in turn be bound by the same obligation to retain and modify data with respect to the Site user.

To ensure the security and confidentiality of Personal Data and Personal Health Data, DAGOBA uses networks protected by standard security measures such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, DAGOBA takes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

8. Hyperlinks, Cookies, and Internet Tags

The Site contains a number of hyperlinks to other websites, set up with the authorization of DAGOBA. However, DAGOBA is unable to verify the content of the websites thus visited and shall assume no liability in this regard.

Unless you decide 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 available to you and described below, noting that this may reduce or prevent access to all or part of the Services offered by the Site.

8.1 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, and the date and time of access. Cookies will in no way damage the User's device.

DAGOBA may process information about the User concerning their visit to the Site, such as the pages viewed and the searches performed. This information enables DAGOBA to improve the content of the Site and the User's browsing experience.

Cookies facilitating browsing and/or the provision of services offered by the Site, the User may configure their browser to allow them to decide whether or not to accept them, so that Cookies are either stored on the device or, conversely, rejected, either systematically or according to their origin. The User may also configure their browsing software so that the acceptance or rejection of Cookies is offered to them on a case-by-case basis, before a Cookie may be stored on their device. DAGOBA informs the User that, in this case, not all features of their browsing software may be available.

If the User refuses the storage of Cookies on their device or browser, or if the User deletes those that are stored, the User is informed that their browsing and experience on the Site may be limited. This may also be the case when DAGOBA or one of its service providers cannot recognize, 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, DAGOBA disclaims all liability for the consequences related to the degraded operation of the Site and the services potentially offered by DAGOBA, resulting from the User's refusal of Cookies or the inability of DAGOBA to store or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and User preferences, the configuration of each browser is different. It is described in the browser's help menu, which will indicate how the User can modify their Cookie preferences.

At any time, the User may choose to express and modify their Cookie preferences. DAGOBA may furthermore use the services of external providers to help collect and process the information described in this section.

Finally, by clicking on the social network icons on the DAGOBA Site, and if the User has accepted the deposit of cookies by continuing their browsing on the DAGOBA website, social networks may also deposit cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only deposited on your devices if you consent to them by continuing your browsing on the Site. At any time, the User may nevertheless withdraw their consent for DAGOBA to deposit this type of cookies.

8.2 INTERNET TAGS

DAGOBA may occasionally use Internet tags (also known as "tags," action tags, single-pixel GIFs, transparent 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 online advertisements enabling Internet users to access the Site and on the various pages thereof.

This technology enables DAGOBA to evaluate visitor 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 the Site.

The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for DAGOBA, and provide other services relating to the use of the Site and the Internet.