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Legal notices - Privacy policy

 

1. Presentation of the website

Users of the website https://www.dagoba.app, hereafter referred to as the « Site », are informed of the identity of the various parties involved in carrying it out and of its follow-up:

  • Site editor : Dagoba Europe LP, hereafter referred to as « DAGOBA » whose registered office is located at 101 Rose Street South Lane - EH2 3JG - Edinburgh - United Kingdom | Company number SL034250 | Intra-community VAT numbers GB340940320 and FR17883283780
  • Webmaster : DAGOBA | contact@dagoba.app
  • Hosting : OVH | 2 rue Kellermann - 59100 Roubaix - France | Company number 424 761 419 00045
  • Data controller : DAGOBA - contact@dagoba.app

2. Terms and Conditions of Use of the Website and of the Services Offered

The Website constitutes an intellectual work protected by the provisions of the Intellectual Property Law and all applicable International Regulations. The user is not allowed to reuse, transfer or exploit for himself all or part of the elements or works of the Website.

Use of the Website implies the full and complete acceptance of the Terms and Conditions of Use set forth below. These Terms and Conditions may be modified or completed at any moment, Users are thus invited to check them regularly.

This website is normally accessible at any moment by Users. DAGOBA may nevertheless decide to interrupt access in order to carry out technical maintenance and will endeavour to inform its Users beforehand of the date and hour of such interruption. The website is updated regularly by DAGOBA. Likewise, these legal mentions may be modified at any moment: nevertheless, they are still binding on Users who are thus invited to check them as often as possible in order to become acquainted with any changes.

3. Contractual limitations on technical data

The website uses JavaScript. The Website may not be held responsible for any material damages resulting from the use of the Website. Furthermore, the User undertakes to access the website using recent equipment that does not contain viruses and employing an up to date browser of the latest generation. The Website is hosted by a provider located within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679).

The host’s goal is to deliver a performance that ensures the best rate of accessibility. The host ensures continuous service, 24 hours a day, every day of the year. Nevertheless, the host still reserves the option of interrupting its hosting services for the shortest periods possible, specifically in order to perform technical maintenance, to improve its infrastructures, to deal with any technical failures of its infrastructures or if the Performances and Services generate an amount of traffic that is considered abnormal.

DAGOBA and the host cannot be held responsible for any internet connection, phone line or computer and telephony equipment failures that prevent access to the server, especially if these failures come as a result of network congestions.

4. Intellectual Property and Counterfeits

DAGOBA holds all intellectual property rights and own use rights for all the elements accessible on the Website, specifically the texts, images, graphics, logos, videos, icons and audio. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, regardless of the means or procedures used, is prohibited, unless Dagoba has given its written authorisation beforehand.

Any non-authorised use of the website and any of its elements will constitute counterfeiting and will be prosecuted in accordance with the provisions of the Intellectual Property Law.

5. Limitation of Liability

DAGOBA acts as the website’s publisher. DAGOBA is responsible for the quality and truthfulness of the Content that it publishes.

DAGOBA may not be held responsible for any direct or indirect damages caused to the user’s hardware as he accesses the website, and resulting from using equipment that does not meet the requirements specified in point 4, or as a result of a bug or incompatibility.

In addition, DAGOBA cannot not be held responsible for any indirect damages (such as for example, loss of business or loss of opportunity) resulting from the use of the website. Some interactive spaces (the option to ask questions in the contact area) are available to users. DAGOBA reserves the right to remove, without formal notice, all content published in this space that violates any regulation applicable in France, in particular any provisions pertaining to data protection. Where appropriate, DAGOBA reserves also the option of implicating the civil and/or criminal liability of the user, specifically in the event of messages of a racist, abusive, libellous, or pornographic nature, regardless of the medium used (text, photography, etc.).

6. Personal Data Management

The Client is informed of the regulations that apply to marketing communications, specifically the Law on Confidence in the Digital Economy, the Law on Information Technology and Freedom, as well as the General Data Protection Regulation (GDPR 2016/679).

6.1 Data Controller

For the Personal Data collected during the creation of the User’s personal account and during his browsing of the Website, the Data Controller is: DAGOBA represented by Fra

nz Jou

rdan, its legal representative.

As data controller of the data it collects, DAGOBA undertakes to respect the legal provisions in force. It is the Client’s responsibility to establish the purpose for the processing of the data, to provide its leads and clients, after receiving their consent, with complete information on how their personal data are processed and to maintain a register of the processing that conforms to reality. Every time that DAGOBA processes Personal Data, DAGOBA shall take all reasonable measures to ensure that the Personal Data collected are accurate and relevant to the purposes for which DAGOBA processes them.

6.2 Purpose of the collected data

DAGOBA may process all or part of the following type of data:

  • to enable the browsing of the Website and to manage and track the benefits and services ordered by the user: login information and information concerning the use of the Website, billing, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking, etc.): the type of computer equipment used for browsing, IP address, password (hashed).
  • to improve the Website’s browsing experience: login and usage data.
  • to carry out optional satisfaction surveys concerning DAGOBA: email address.
  • to carry out communication campaigns (SMS, email): phone number, email address.
  • DAGOBA does not market your personal data which are thus used only out of necessity or for statistical and analytical purposes.

6.3 Right of access, right to rectification and opposition

In accordance with the existing EU regulation, Users have the following rights:

  • right of access (Article 15 of the GDPR) and right to rectification (Article 16 of the GDPR), the right to update and complete the User data, the right to block and to erase the User’s personal data (Article 17 of the GDPR), if they are incorrect, incomplete, ambiguous, out of date or if its collection, use, communication or storage is prohibited
  • right to revoke consent at any moment (Article 13-2c of the GDPR)
  • right to limit the processing of user data (Article 18 of the GDPR)
  • right to oppose the processing of user data (Article 21 of the GDPR)
  • right to data portability of the data that the Users have provided, if these data are the subject of automatic processing based on their consent or on an agreement (Article 20 of the GDPR)
  • right to define the fate of the User’s data after the User’s death and to choose the third party to whom DAGOBA must communicate (or not) said data as designated by the User in advance
  • If DAGOBA learns that a User has passed away and it has received no instruction on the User’s part, DAGBOA undertakes to destroy his data, unless their storage proves to be necessary for evidentiary purposes or to respond to a legal obligation.

If the User wishes to know how DAGOBA uses his Personal Data, or wants to rectify them or oppose their processing, the User may contact DAGOBA in writing at the following address: contact@dagoba.app.

In this case, the User must indicate the Personal Data that he wishes DAGOBA to correct, update or delete, by identifying himself through a copy of an identifying document (ID card or passport). Requests for the erasure of Personal Data will be subject to the obligations imposed on DAGOBA by the law, specifically concerning the storage and archiving of documents.

6.4 Non-communication of personal data

DAGOBA is prohibited from processing, hosting or transferring the Information collected about its Clients toward a country located outside the European Union and recognised as “not appropriate” by the European Commission without informing the client beforehand. That being said, DAGOBA is free to choose its own technical and commercial subcontractors under the condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GPDR 2016/679).

DAGOBA undertakes to take all necessary precautions in order to preserve the security of information and specifically to ensure that information is not communicated to non-authorised people. Nevertheless, if an incident impacting the integrity or confidentiality of the Client’s Information is made known to DAGOBA, this latter must inform as soon as possible the Client and inform him of the remedial measures taken to deal with it as well. Furthermore, DAGOBA does not collect any “sensible data.”

The User’s Personal Data may be processed by affiliates of DAGOBA and its subcontractors (service providers), exclusively for achieving the goals of this policy.

Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to Users’ data are mainly our customer service agents.

7. Incident Notification

Regardless of the efforts made, no internet transmission method and no electronic storage method is ever 100% safe. As a result, we cannot guarantee absolute security. If we become aware of a security breach, we will alert the concerned users so they can take the appropriate measures. Our incident notification procedures take into account our legal obligations. We undertake to keep our clients fully informed of any question pertaining to the security of their accounts and to give them all the information necessary to help them respect their own regulatory obligations with regards to reporting.

User’s personal information is never published, exchanged, transferred, assigned or sold to third parties through any medium whatsoever without the user’s knowledge. Only a scenario where DAGOBA and its rights are sold would allow for the transfer of said information to the potential acquirer who would, in turn, be bound by the same obligation to store and modify this data towards the user of the website.
To ensure the security and confidentiality of the Personal Data and Personal Health Data, DAGOBA uses networks protected by standard features such as firewalls, pseudonymisation, encryption and password.

During the processing of Personal Data, DAGOBA takes all the reasonable measures to protect them against any loss, diverted use, non-authorised access, disclosure, alteration or destruction.

8. Hyperlinks, cookies and internet tags

The website contains a certain number of hyperlinks towards other websites, added with the authorisation of DAGOBA. Nevertheless, DAGOBA does not have the opportunity to verify the content of the websites visited through these links and will therefore assume no liability for this fact.

Unless you decide to deactivate cookies, you accept that the website may use them. You can freely deactivate these cookies at any moment using the deactivation settings that are offered to you and listed below, knowing however that this may reduce or prevent access to all or part of the Services provided by the website.

8.1 « COOKIES »

A cookie is a small file of information sent to the User’s browser and registered in the User’s terminal (for example, computer, smartphone), (hereinafter, Cookies). This file includes information such as the domain name of the User, the User’s internet provider, the operating system of the User, as well as the date and hour of access. Cookies can in no way damage the User's terminal.

DAGOBA is likely to process the User's information concerning his visit of the Site, such as the pages consulted and searches made. This information allows DAGOBA to improve the content of the Site and the User's browsing experience.

As Cookies facilitate web navigation and/or the provision of services offered by the Site, the User may configure his browser to allow him to decide whether or not to accept them: so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his browsing software so that he is offered the option of accepting or refusing Cookies from time to time, before a Cookie is likely to be stored on his device. DAGOBA informs the User that, in this case, it is possible that not all of the functions of his browser software will be available.

If the User refuses the registration of the Cookies in his terminal or browsers; or if the User deletes the ones already registered within, the User is informed that his browsing and his experience on the Website may be limited. This may also be the case if DAGOBA or one of its providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display parameters or the country from where the terminal appears connected to the Internet.

Where appropriate, DAGOBA declines all responsibility for the consequences resulting from the degraded operation of the Site and services possibly offered by DAGOBA that come as a result of the User refusing the cookies thus making it impossible for DAGOBA to record or consult the Cookies necessary for their operation, again because of the User's choice. The management of Cookies or the User’s available options depend on the browser as each is different. These options are described in the browser's help menu, which will allow you to know how the User can modify his wishes regarding Cookies.

At any moment, the User may decide to express or modify his wishes regarding Cookies. DAGOBA may also use external service providers to help it collect and process the information described in this section.

Finally, by clicking on the dedicated social media icons included in DAGOBA’s website, and if the User accepts the deposit of cookies by continuing his browsing of DAGOBA’s website, these social media networks may also deposit cookies in your terminals (computer, tablet, smartphone).

This type of cookie is deposited in your terminals upon your consent as expressed by your continuous browsing of the Website. At any moment, the User may nevertheless revoke his consent to DAGOBA depositing these types of cookies.

8.2 INTERNET TAGS

DAGOBA occasionally may employ Internet tags (called also action tags, single pixel GIFs, transparent GIFs, invisible GIFs and one by one GIFs) and may deploy them through a partner specializing in Web analysis that may be located (and thus may store the corresponding information, including the IP address of the user) in a foreign country.

These tags are placed both in online advertisements that allow the Users to access the Website, and the various pages of this latter.

This technology allows DAGOBA to evaluate the visitors’ answers regarding the Website and the efficiency of its actions (for example, the number of times a page is opened and the information consulted within), as well as the use of the Website by the User.

The external provider may eventually collect information on the visitors of the Website and other websites thanks to these tags, compile reports on the activity of the Website for DAGOBA and provide other services concerning the use of the website and the Internet.

CONTACT

Dagoba Europe

101 Rose Street South Lane
Edinburgh EH2 3JG
United Kingdom

contact@dagoba.uk

+44 1314 601 606

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