GDPR

Legal notice GDPR

Definitions
Customer: any professional or natural person capable in the sense of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject of the present general conditions.
Services: SPAKS provides the Customers with :
Content: All the elements constituting the information present on the Site, notably texts - images - videos.
Customer information: Hereinafter referred to as "Information (s)" which correspond to all the personal data likely to be held by SPAKS for the management of your account, the management of the customer relationship and for analysis and statistical purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom they apply" (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 (RGPD: n° 2016-679)

1. Presentation of the website
In accordance with the article 6 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified to the users of the website https://www.sophiakremser.com the identity of the various speakers within the framework of its realization and its follow-up:
Owner : SPAKS - 320 rue Saint Honoré - 75001 Paris

Person in charge of publication : Sophia Kremser
The person in charge of publication is a natural person or a legal entity.
Webmaster : Michel Sandoz - Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.
Host: LWS - 10 rue Penthièvre - 75008 Paris - 01 77 62 30 03
Data Protection Officer :
2. General conditions of use of the Site and the services offered
The Site constitutes an intellectual work protected by the provisions of the 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 of the Site.
The use of the site https://www.sophiakremser.com implies the full and complete acceptance of the general conditions of use described below. These conditions of use are likely to be modified or completed at any time, the users of the site https://www.sophiakremser.com are thus invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for reason of technical maintenance can be however decided by SPAKS, which will endeavour to communicate beforehand to the users the dates and hours of the intervention. The website https://www.sophiakremser.com is regularly updated by Sophia Kremser in charge. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to the user who is invited to refer to them as often as possible in order to take note of them.

3. Description of the services provided
The website https://www.sophiakremser.com aims at providing information concerning all the activities of SPAKS. SPAKS tries to provide on the website https://www.sophiakremser.com information as precise as possible. However, it could not be held responsible for the omissions, the inaccuracies and the deficiencies in the update, that they are of its fact or of the fact of the third partners who provide him this information.
All the information indicated on the site https://www.sophiakremser.com is given as an indication, and is likely to evolve. In addition, the information on the site https://www.sophiakremser.com 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 uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a browser of the latest generation updated. The site https://www.sophiakremser.com is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. 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 period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures or if the Services generate traffic deemed abnormal.
https://www.sophiakremser.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeits
SPAKS 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 the process used, is forbidden, except prior written authorization of SPAKS.
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constitutive of a counterfeit and pursued in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.

6. Limitations of responsibility
SPAKS acts as the editor of the site. SPAKS is responsible for the quality and the truthfulness of the Content it publishes.
SPAKS cannot be held responsible for direct and indirect damages caused to the user's material, when accessing the website https://www.sophiakremser.com, and resulting either from the use of a material that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
SPAKS cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) consecutive to the use of the site https://www.sophiakremser.com. Interactive spaces (possibility of asking questions in the contact space) are at the disposal of the users. SPAKS reserves the right to delete, without prior notice, any content deposited in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If need be, SPAKS also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in case of message of a racist, injurious, defamatory or pornographic nature, whatever the medium used (text, photograph...).

7. Management of personal data
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Regulation on Data Protection (RGPD: No. 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected within the framework of the creation of the User's personal account and his navigation on the Site, the person in charge of the processing of the Personal Data is: SPAKS, represented by DPO ("Data Protection Officer").
As the person in charge of processing the data it collects, SPAKS undertakes to respect the 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 clients, starting from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in conformity with reality. Whenever SPAKS processes Personal Data, SPAKS takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which SPAKS processes it.
7.2 Purpose of the data collected
SPAKS is likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of the services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
- to prevent and fight against 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 https://www.sophiakremser.com: email address
- to carry out communication campaigns (sms, mail): phone number, email address
SPAKS does not sell your personal data which are only used by necessity or for statistical and analysis purposes.

7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://www.sophiakremser.com have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users' data right of blocking or deletion of Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage 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 RGPD)
- right to object to the processing of Users' data (Article 21 GDPR)
- the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- the right to define the fate of the Users' data after their death and to choose to whom https://www.sophiakremser.com shall communicate (or not) their data to a third party that they have previously designated
As soon as SPAKS is aware of the death of a User and in the absence of instructions from him, SPAKS undertakes to destroy his data, except if their conservation is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how SPAKS uses his Personal Data, to ask to rectify them or to oppose their processing, the User may contact SPAKS in writing at the following address
SPAKS - DPO
320 rue Saint Honoré - 75001 Paris
In this case, the User must indicate the Personal Data that he/she would like SPAKS to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on SPAKS by the law, in particular as regards the conservation or archiving of documents. Finally, the Users of https://www.sophiakremser.com may file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
SPAKS will not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognized as "not adequate" by the European Commission without informing the Client beforehand. For all that, SPAKS remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
SPAKS 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 impacting the integrity or confidentiality of the Customer's Information is brought to the attention of SPAKS, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, SPAKS does not collect any "sensitive data".
The User's Personal Data may be processed by SPAKS' subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of the present policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://www.sophiakremser.com are mainly the agents of our customer service.

8. Incident Notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://www.sophiakremser.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the repurchase of SPAKS and its rights would allow the transmission of the aforementioned information to the eventual purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the user of the site https://www.sophiakremser.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, SPAKS uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://www.sophiakremser.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links " cookies " and internet tags
The site https://www.sophiakremser.com contains a certain number of hypertext links towards other sites, set up with the authorization of SPAKS. However, SPAKS does not have the possibility to check the contents of the visited sites, and will not assume any responsibility for this fact.
Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing 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 within the User's terminal (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 not damage the User's terminal in any way.
SPAKS is likely to process the User's information concerning his visit to the Site, such as the pages consulted, the searches made. This information allows SPAKS to improve the content of the Site and the User's navigation.
Cookies facilitate navigation and/or the supply of services offered by the Site, the User can configure his browser to allow him to decide whether or not he wishes to accept them so that cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically, or according to their issuer. The User can also configure his navigation software so that the acceptance or refusal of Cookies is proposed punctually, before a Cookie is likely to be recorded in his terminal. SPAKS informs the User that, in this case, it is possible that not all the functionalities of his navigation software will be available.
If the User refuses the recording of Cookies in his terminal or browser, or if the User deletes those recorded there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when SPAKS or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.
If necessary, SPAKS declines all responsibility for the consequences linked to the degraded functioning of the Site and of the services possibly proposed by SPAKS, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.sophiakremser.com to record or consult the Cookies necessary for their functioning due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to modify his/her wishes regarding Cookies.
At any time, the User can choose to express and modify his or her wishes regarding cookies. SPAKS 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 social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Website of https://www.sophiakremser.com or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the Website or the mobile application of https://www.sophiakremser.com, Twitter, Facebook, Linkedin and Google Plus can also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the Website or mobile application of https://www.sophiakremser.com. At any time, the User can nevertheless go back on his consent to the deposit of this type of cookies by https://www.sophiakremser.com.
Article 9.2. INTERNET TAGS
SPAKS may occasionally employ Internet tags (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the related information, including the User's IP address) in a foreign country.
These beacons are placed both in the online advertisements that allow users to access the Site, and on the different pages of the Site.
This technology allows SPAKS to evaluate the 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 about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for SPAKS, and provide other services related to the use of the Site and the Internet.

10. Applicable law and jurisdiction.
Any dispute in connection with the use of the https://www.sophiakremser.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 Paris.