DEFINITIONS
Client: any professional or individual capable within the meaning of Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Site: website accessible at the address https://night-bud.com
Services: the Site provides Clients with:
Content: All elements constituting the information present on the Site, including texts, images, and videos.
Client Information: Hereinafter referred to as “Information(s)” which correspond to all personal data that may be held by the Site manager for the management of your account, client relationship management, and for analysis and statistics purposes.
User: Internet user connecting to and using the Site.
Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “processor”, and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
Presentation of the website.
Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the Site are informed of the identity of the various stakeholders in the context of its realization and monitoring:
Owner: QUENTESSENCE registered with the Nancy Trade and Companies Register under number SIRET 88060080400038 and domiciled at 24 rue de la Libération, 88360 FERDRUPT – hello@night-bud.com
Publication Manager: QUENTESSENCE – hello@night-bud.com
Contact: hello@night-bud.com
Host: o2switch (domain)
Head office: 22-224 Boulevard Gustave Flaubert – 63000 Clermont Ferrand, France
Tel. +33 4 44 44 60 40
Website: www.o2switch.fr
General conditions of use of the site and the services offered.
The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not reuse, assign, or exploit in any way all or part of the elements or works of the Site for their own account.
The use of the Site implies the full and complete acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time, and users of the Site are therefore invited to consult them regularly.
This website is normally accessible at all times to users. However, an interruption for technical maintenance may be decided by the Site, which will strive to communicate the dates and times of the intervention to users in advance. The Site is regularly updated by the Responsible. Similarly, 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 to become acquainted with them.
Description of the services provided.
The Site aims to provide information regarding all the activities of the company. The Site strives to provide information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in updating, whether they are its own fault or that of third-party partners who provide this information.
All information indicated on the Site is given for informational purposes and is subject to change. Furthermore, the information on the Site is not exhaustive. It is provided subject to modifications that may have been made since its online publication.
Contractual limitations on technical data.
The Site uses JavaScript technology. The Site and the Owner cannot be held responsible for material damages related to the use of the Site. In addition, the user of the Site agrees to access the site using recent equipment, free of viruses, and with an updated, latest-generation 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: No. 2016-679).
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance purposes, improvement of its infrastructures, infrastructure failures, or if the Services generate what is considered abnormal traffic.
The Site, the host, and the Owner cannot be held responsible in case of a malfunction of the Internet network, telephone lines, or computer and telephony equipment, especially related to network congestion preventing access to the server.
Limitations of liability.
The Site and the Owner cannot be held responsible for direct and indirect damages caused to the user’s equipment during access to the Site, resulting either from the use of equipment not meeting the specifications indicated in point 4 or from the emergence of a bug or incompatibility.
The Site and the Owner also cannot be held responsible for indirect damages (such as loss of market or loss of chance) resulting from the use of the Site. Interactive spaces (the ability to ask questions in the contact area) are available to users. The Site reserves the right to delete, without prior notice, any content posted in this space that contravenes applicable legislation in France, particularly the provisions relating to data protection. Where appropriate, the Site also reserves the right to invoke the civil and/or criminal liability of the user, particularly in the case of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).
Management of personal data.
The Client is informed of the regulations concerning marketing communication, Law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
Data collection responsibilities
For the Personal Data collected in the context of creating the User’s personal account and navigating the Site, the Data Controller is: Quentin LOUIS – hello@night-bud.com
As the data controller of the data it collects, he undertakes to comply with the legal provisions in force. It is notably the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and clients, based on their collected consents, with complete information on the processing of their personal data, and to maintain a register of processing that is compliant with reality. Whenever the Data Controller processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of Personal Data concerning the purposes for which it is processed.
Purpose of collected data
The Site and its Responsible may process all or part of the data:
- To allow navigation on the Site and manage and trace the services and products ordered by the user: connection and usage data, billing, order history, etc.
- To prevent and combat computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
- To improve navigation on the Site: connection and usage data
- To conduct optional satisfaction surveys on the Site: email address
- To conduct communication campaigns (SMS, email): phone number, email address
The Site and its Responsible do not market your personal data, which are therefore used solely out of necessity or for statistical and analytical purposes.
Right of access, rectification, and opposition
In accordance with the applicable European regulations, Users have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completeness of User data
- Right to lock or erase Users’ personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or when their collection, use, communication, or storage 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 that Users have provided when these data are 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 to whom the Site must communicate (or not) their data to a third party they have previously designated
As soon as the Site becomes aware of a User’s death and in the absence of instructions from them, the Site commits to destroying their data, unless their retention is necessary for probative purposes or to comply with a legal obligation.
If the User wishes to know how the Site uses their Personal Data, requests to rectify them, or opposes their processing, the User can contact the Site in writing at the following address:
24 rue de la Libération 88360 FERDRUPT
In this case, the User must indicate the Personal Data they wish the Site to correct, update, or delete, identifying themselves precisely with a copy of an identification document (ID card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on the Site by law, particularly regarding the retention or archiving of documents. Finally, Users can file a complaint with the supervisory authorities, particularly the CNIL (https://www.cnil.fr/en/).
Non-communication of personal data
The Site is prohibited from processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as “inadequate” by the European Commission without prior notification to the client. However, the Site remains free to choose its technical and commercial subcontractors provided they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
The Site undertakes to take all necessary precautions to preserve the security of the Information and, in particular, that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the Site’s attention, it must inform the Client as soon as possible and communicate the corrective measures taken. In addition, the Site does not collect any “sensitive data.”
Incident Notification
Regardless of their efforts, no method of transmission over the Internet and no method of electronic storage is 100% secure. The Site cannot guarantee absolute security. If the Site becomes aware of any security breach, it shall notify the affected users so that they can take the appropriate measures.
Applicable law and jurisdiction.
Any dispute related to the use of the Site is subject to French law. Apart from cases where the law does not allow it, the competent courts of NANCY have exclusive jurisdiction.
Contact information.
For any questions or information regarding the Site, the Client can contact the Site at hello@night-bud.com.