1. WEBSITE DETAILS
Pursuant to article 6 of the French act no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the smc2-construction.com website are informed of the entities involved in its creation and operation:
Owned and operated by: SMC2
Published by: SMC2
SMC2 is located at 250 rue du Petit Bois 69440 Mornant and can be contacted via the “Contact” section of the website, by phone at 04 78 67 60 56 or by email at contact@smc2-construction.com.
The company has a share capital of €500,000 and is registered in the Lyon Corporate Registry under number B 450 758 404, N.A.F. Code 7112B, S.I.R.E.T. 45075840400047.
The site was designed and created by: LES GLOBULES, SARL with a capital of €150,250 registered in the SAINT-ETIENNE Corporate Registry under number 512 205 378, Code APE 7311Z and VAT FR 512205378. Its registered office is located at 23, rue de la République – 42000 SAINT-ETIENNE – FRANCE.
2. GENERAL TERMS OF USE OF THE SITE AND THE SERVICES OFFERED
By visiting the smc2-construction.com site, users accept the terms of use set out below. Said terms may be altered or added to at any time, therefore users are encouraged to check them regularly.
Users should normally be able to access this website at all times. However, it may become unavailable for scheduled technical maintenance. In this case, smc2-construction.com will endeavour to inform users of the dates and times in advance.
The smc2-construction.com website is regularly updated by SMC2. This includes amendments made to the legal notices which nevertheless remain applicable to users, who are therefore encouraged to check them on a regular basis.
3. DESCRIPTION OF THE SERVICES PROVIDED
The smc2-construction.com website provides information about SMC2’s activities.
SMC2 makes every effort to ensure that the information provided is as accurate as possible. However, it cannot be held liable for any omissions or inaccuracies that might occur when updating the website, either on its part or on the part of third party partners providing this information.
All information given on the smc2-construction.com site is subject to change and should not be considered exhaustive. Such information is provided subject to any changes made since it was put online.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The site uses JavaScript technology.
The website cannot be held liable for any property damage related to its use. Furthermore, users undertake to access the site using the latest devices, free from viruses and with an updated last-generation browser.
5. INTELLECTUAL PROPERTY AND INFRINGEMENT
SMC2 owns the intellectual property rights and user rights for all the elements accessible on the website, including texts, images, graphics, logo, icons, sounds and software.
Any reproduction, public communication, modification, publication or adaptation of all or part of the website’s content, by whatever means or process, requires the prior written consent of SMC2.
Any unauthorised use of the site or any of its content shall be deemed to constitute infringement and action will be brought pursuant to articles L.335-2 et seq of the Intellectual Property Code.
6. LIMITATIONS OF LIABILITY
SMC2 cannot be held liable for any direct or indirect damage caused to the user’s device when accessing the site smc2-construction.com, resulting either from the use of devices that do not meet the specifications given in point 4, or the occurrence of a bug or incompatibility.
Furthermore, SMC2 cannot be held liable for indirect damages (e.g. loss of market or loss of opportunity) resulting from the use of the smc2-construction.com website.
The website includes interactive spaces available to users, where questions can be asked via the contact form. SMC2 reserves the right to delete, without prior notice, any content posted in this space that might contravene the legislation applicable in France, including data protection provisions. Where applicable, SMC2 also reserves the right to seek the user’s civil and/or criminal liability, particularly in the event of racist, abusive, defamatory or pornographic messages, in whatever form (text, photograph, etc.).
7. PERSONAL DATA MANAGEMENT
In France, personal data is protected by act no. 78-87 of 6 January 1978, act no. 2004-801 of 6 August 2004, article L. 226-13 of the Penal Code and the European Directive of 24 October 1995.
When using the smc2-construction.com website, the following details may be collected: the URL of the links through which the user accessed the website, the user’s service provider and the user’s Internet Protocol (IP) address.
In any event, SMC2 only collects personal information about users for the purposes of certain services offered by the smc2-construction.com website. Users provide this information in full knowledge of the facts, particularly when entering this information themselves, at which time they are informed of whether they are required to provide this information or not.
Pursuant to articles 38 et seq of the French data protection legislation (act 78-17 of 6 January 1978), users have a right of access, rectification and opposition in respect to their personal data which they can exercise by submitting a written and signed request, along with a copy of an identity document signed by the holder, indicating the address to which the reply is to be sent.
No personal information of users of the smc2-construction.com site is published without their knowledge, or exchanged, transferred, assigned or sold in any format whatsoever to third parties. The only exception is the sale of SMC2 and its rights in which case said information would be transferred to the buyer which would in turn assume the same obligations vis-à-vis users of the website regarding the storage and modification of their data.
The site is not declared to the CNIL (French data protection commission) because it does not collect personal information.
Databases are protected by the provisions of the French act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. HYPERTEXT LINKS AND COOKIES
The smc2-construction.com site contains a number of hypertext links to other sites, set up with the authorisation of SMC2. However, SMC2 does not have the capacity to verify the content of the sites thus visited and will therefore not assume any liability in this regard.
Cookies may be stored on users’ computers when browsing the smc2-construction.com website. A cookie is a small file, with no identifying information, which stores browsing information. The data obtained is intended to improve the browsing experience on subsequent visits to the site and is also used for analytical purposes.
If users refuse to allow cookies, they may be unable to access certain services.
9. APPLICABLE LAW AND JURISDICTION
Any dispute in connection with the use of the smc2-construction.com site is subject to French law. The competent courts of Paris have exclusive jurisdiction.
10. KEY LEGISLATION CONCERNED
Act no. 78-87 of 6 January 1978, as amended by act no. 2004-801 of 6 August 2004 on data processing and rights.
Act no. 2004-575 of 21 June 2004 on confidence in the digital economy.
11. GLOSSARY
User: individual logging onto and using the aforementioned site.
Personal information: “information allowing, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of act no. 78-17 of 6 January 1978).
