Definitions

Customer : any professional or natural person capable 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://namma-france.com provides Customers with :

Content: All the elements making up the information on the Site, in particular text, images and videos.

Customer information : Hereinafter referred to as “Information (s)”, which corresponds to all the personal data that may be held by https://namma-france.com for the management of your account, the management of customer relations and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned 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 6 January 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. Presentation of the website.

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://namma-france.com website are informed of the identity of the various parties involved in its creation and monitoring:

Owner: SAS Namma Share capital of €40,000 VAT number: FR49895027225 – 44 rue de l’abbaye de Bonlieu 33560 Sainte-Eulalie

Publication manager: Clément Cazautets – clement.cazautets@namma-france.com

The person responsible for publication is an individual or a legal entity.

Webmaster: Clément Cazautets – contact@namma-france.com

Host: ovh – 2 rue Kellermann 59100 Roubaix 1007 Data Protection Officer: In the process of  being created – contact@namma-france.com

This RGPD legal notice is taken from the générateur de mentions légales RGPD d’Orson.io

2. General terms and conditions of use of the site and the services offered.

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations.

The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.

Use of the https://namma-france.com implies full acceptance of the general conditions of use described below. These conditions of use may be amended or supplemented at any time, and users of the https://namma-france.com website are therefore advised to consult them regularly.

This website is normally accessible to users at all times. However, https://namma-france.com, may decide to interrupt the site for technical maintenance purposes, in which case it will endeavour to inform users of the dates and times of the intervention in advance. The https://namma-france.com is regularly updated by https://namma-france.com. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.

3. Description of services provided.

The purpose of the https://namma-france.com website is to provide information about all of the company’s activities.
https://namma-france.com endeavours to provide information on the https://namma-france.com website that is as accurate as possible. However, it may not be held liable for any omissions, inaccuracies or shortcomings in updating, whether these are its fault or the fault of third-party partners who provide it with this information.

All information provided on the https://namma-france.com website is given for information purposes only and is subject to change. Furthermore, the information provided on the https://namma-france.com website is not exhaustive. It is given subject to modifications having been made since it was put on line.

4. Contractual limitations on technical data.

The website cannot be held responsible for any material damage linked to the use of the site. 

In addition, users of the site undertake to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser.

The https://namma-france.com website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: no. 2016-679).

The aim is to provide a service that ensures the highest level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the Services generate traffic deemed to be abnormal.

https://namma-france.com and the host may not be held liable in the event of malfunctioning of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

https://namma-france.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of https://namma-france.com.

Any unauthorised use 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 et seq. of the French Intellectual Property Code.

6. Limitations of liability.

https://namma-france.com is responsible for the quality and accuracy of the Content it publishes. https://namma-france.com may not be held liable for any direct or indirect damage caused to the user’s equipment when accessing the https://namma-france.com website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility. https://namma-france.com, may also not be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from use of the https://namma-france.com website Interactive areas (possibility to ask questions in the contact area) are available to users. https://namma-france.com reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://namma-france.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).

7. Management of personal data.

The Customer is informed of the regulations concerning marketing communications, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).

7.1 Persons responsible for collecting personal data

For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the party responsible for processing Personal Data is: Namma. https://namma-france.com represented by Mickael Audureau, Clément Cazautets, Robin Genty and Tom Lopez, its legal representative.

As the party responsible for processing the data it collects, https://namma-france.com undertakes to comply with 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 time their consent is collected, with full information on the processing of their personal data and to maintain a register of such processing in accordance with reality.

Whenever https://namma-france.com  processes Personal Data, https://namma-france.com all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://namma-france.com processes it.

7.2 Purpose of the data collected

https://namma-france.com is likely to process all or part of the data:

• to enable browsing on the Site and the management and traceability of services ordered by the user: connection and Site use data, invoicing, order history, etc.
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed), etc.
• to improve browsing on the Site: connection and usage data
• to conduct optional satisfaction surveys on https://namma-france.com : email address
• to carry out communication campaigns (sms, e-mail): telephone number, e-mail address, etc.

https://namma-france.com not sell your personal data, which is therefore only used where necessary or for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with current European regulations, Users of https://namma-france.com have the following rights:

• the right of access (article 15 RGPD) and rectification (article 16 RGPD), updating and completeness of Users’ data the right to block or erase Users’ personal data (article 17 RGPD), where such data is inaccurate, incomplete, equivocal, out of date, or the collection, use, communication or storage of which 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 GDPR)
• the right to object to the processing of Users’ data (Article 21 GDPR)
• the right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• the right to define the fate of Users’ data after their death and to choose to whom  https://namma-france.com should communicate (or not) their data to a third party that they have previously designated.

As soon as https://namma-france.com aware of the death of a User and in the absence of instructions from the User, https://namma-france.com undertakes to destroy the User’s data, unless it is required to be kept for evidential purposes or to comply with a legal obligation.

If the User wishes to know how https://namma-france.com uses his or her Personal Data, to ask for them to be rectified or to object to their processing, the User may contact https://namma-france.com in writing at the following address:

Namma – DPO, In the process of being created. 44 rue de l’abbaye de Bonlieu 33560 Sainte-Eulalie.

In this case, the User must indicate the Personal Data that he/she would like  https://namma-france.com to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://namma-france.com by law, in particular as regards the retention or archiving of documents. Finally, Users of https://namma-france.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

https://namma-france.com undertakes not to process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognised as “non-adequate” by the European Commission without informing the Customer in advance. However, https://namma-france.com 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).

https://namma-france.com undertakes to take all necessary precautions to protect the security of the Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://namma-france.com, the latter must inform the Customer as soon as possible and inform the Customer of the corrective measures taken. Furthermore,  https://namma-france.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by https://namma-france.com subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes set out above, the main people likely to have access to the data of https://namma-france.com Users are our customer service agents.

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Consequently, we cannot guarantee absolute security. If we become aware of a breach of security, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the user of the https://namma-france.com website is published without the user’s knowledge, exchanged, transferred or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://namma-france.com and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the https://namma-france.com.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data,  https://namma-france.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, https://namma-france.com takes all reasonable steps to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hypertext links, cookies and internet tags

The  https://namma-france.com website contains a number of hypertext links to other sites, set up with the authorisation of  https://namma-france.com. However, https://namma-france.com is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.

Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and described below, bearing in mind 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 terminal (e.g. computer, smartphone) (hereinafter referred to as “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 are in no way likely to damage the User’s terminal.

https://namma-france.com  is likely to process the User’s information concerning his/her visit to the Site, such as the pages consulted and searches carried out. This information enables https://namma-france.com to improve the content of the Site and the User’s browsing experience.

Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or depending on the sender. The User may also configure their browser software so that they are offered the option of accepting or refusing Cookies from time to time, before a Cookie is likely to be recorded in their terminal. https://namma-france.com  informs the User that, in this case, the functions of their browser software may not all be available.

If the User refuses to save Cookies on his/her terminal or browser, or if the User deletes those saved, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case when https://namma-france.com or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.

Where applicable, https://namma-france.com  declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by https://namma-france.com,  resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://namma-france.com to record or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. This is described in the browser’s help menu, which will indicate how the User can modify his/her wishes with regard to Cookies.

At any time, the User may choose to express and modify his/her wishes with regard to Cookies. https://namma-france.com may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the Twitter, Facebook, Linkedin and Google Plus social networks appearing on the https://namma-france.com Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the https://namma-france.com, Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only placed on your terminals if you consent to them by continuing to browse the https://namma-france.com. Website or mobile application. At any time, the User may nevertheless withdraw his/her consent to https://namma-france.com depositing this type of cookie.

Article 9.2. INTERNET TAGS

https://namma-france.com may occasionally use Internet tags (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a partner specialising in web analysis who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These beacons are placed both in the online advertisements enabling Internet users to access the Site, and on the various pages of the Site.

This technology enables https://namma-france.com to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external service provider may collect information on visitors to the Site and other websites using these tags, compile reports on Site activity for https://namma-france.com, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the https://namma-france.com website is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of In the course of creation.