Customer: any professional or natural person who is competent within the meaning of articles 1123 et seq. of the Civil Code or any legal entity who visits the Website which is the object of these general terms and conditions.
Provisions and Services: https://goto-live.com provides its Customers with the following:
Content: All the elements that constitute the information available on the Site such as text – images – videos.
Customer data: Hereinafter referred to as “Data” and comprising all the personal data liable to be stored by https://goto-live.com and used to manage the account and customer relationships and form the basis of analyses and statistics.
User: An internet user who uses the aforementioned website.
Personal data: “Data in whatever form, whether direct or indirect, that enables the natural person to which it applies to be identified” (article 4 of law 78-17 of 6 January 1978).
The meanings of the terms “personal data”, “person concerned”, “subcontractor” and “sensitive data” are as defined in the General Data Protection Regulations (GDPR: 2016-679)
1. Overview of the website.
Pursuant to article 6 of law 2004-575 of 21 June 2004 regarding confidence in the digital economy, users of the https://goto-live.com website are informed of the identity of those involved in producing and maintaining it:
Proprietor: SARL GTL MédiaInvest – 10, Route de Trélex 1266 Duillier, France
Publication manager: Daniel Duthon – firstname.lastname@example.org
The publication manager is a natural person or legal entity.
Webmaster: e-Conception – www.e-conception.fr
Host: Infomaniak – 25 Eugène-Marziano, Les Acacias 1227, Geneva, Switzerland +41 22 820 35 44
Data Protection Officer: Daniel Duthon – email@example.com
The legal notices are derived from the template provided by the free legal notices for websites generator
2. General conditions of use of the site and services offered.
The Website is an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. Customers shall refrain from reusing, transferring or exploiting all or part of the Website elements or work on their own behalf, irrespective of method.
Using the https://goto-live.com website constitutes full and complete acceptance of the General Terms and Conditions of Use described hereunder. These conditions of use may be modified or added to at any time; users of the https://goto-live.com website are therefore invited to check back regularly.
This website is normally available to users at all times. Notwithstanding the above, https://goto-live.com may decide to interrupt the service for technical maintenance, in which case they will do their best to inform users of the dates and times of the outage in advance. The https://goto-live.com website is regularly updated by the https://goto-live.com manager. Similarly, the legal notices may be modified at any time and users are invited to refer to them as often as possible to keep abreast of the changes and how they affect them.
3. Description of the services provided.
The purpose of the https://goto-live.com website is to provide information about all the company activities. https://goto-live.com makes every effort to ensure that the information provided on the https://goto-live.com website is as accurate as possible. Notwithstanding the above, they cannot be held liable for omissions, inaccuracies or deficiencies in the updates, whether of their own making or that of third-party partners providing them with said data.
All the information on the https://goto-live.com website is provided for information purposes only and is liable to change. Furthermore, the information given on the https://goto-live.com website is not exhaustive. It is provided subject to modifications made since going live.
4. Contractual limitations on the technical data.
The aim is to provide a service with the highest availability. The host ensures continuity of service 24 hours a day, 365 days a year. Notwithstanding this, the host reserves the right to interrupt the hosting service for as short a time as possible, notably for the purposes of performing maintenance, improving its infrastructure and tackling infrastructure failures, or if the Provisions and Services generate traffic that is deemed to be abnormal.
https://goto-live.com and the host shall not be liable for malfunctions in the internet network, telephone lines or computer hardware or telephony equipment, such as that due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://goto-live.com owns the intellectual property rights and holds the usage rights of all the elements that are accessible on the website, notably the text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the website elements, irrespective of means or procedure used, is prohibited unless prior written authorisation has been obtained from: https://goto-live.com.
Any unauthorised use of the site or any of the elements contained therein shall constitute counterfeiting and shall be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
6. Limits of liability.
https://goto-live.com shall not be liable for damage, whether direct or indirect, caused to a user’s hardware when they access the https://goto-live.com website resulting either from the use of hardware that does not meet the specifications set out in point 4, or from the appearance of a bug or other incompatibility.
Furthermore, https://goto-live.com shall not be liable for indirect damage (such as, for example, the loss of a contract or opportunity), subsequent to using the https://goto-live.com website. Interactive spaces (where visitors can ask questions in the contact space) are available to the users. https://goto-live.com reserves the right to delete without prior warning any content uploaded to this space that contravenes the applicable legislation in France, in particular with regard to data protection. Where appropriate, https://goto-live.com also reserves the right to hold the user civilly and/or legally liable, notably in the case of messages that are racist, abusive, defamatory or pornographic, irrespective of the medium used (text, photographs, etc.).
7. Management of personal data.
Customers are informed about the regulations governing marketing communications, the law of 21 June 2014 regarding Confidence in the Digital Economy, the French Data Protection and Freedom of Information law of 6 August 2004 and the General Data Protection Regulations (GDPR: 2016-679).
7.1 Personal data collection controllers
The Personal Data Controller responsible for processing the Personal Data collected when the User’s personal account is created and when they browse the Website is: GTL MédiaInvest. https://goto-live.com is represented by Daniel Duthon, its legal representative
As controller of the data collected, https://goto-live.com undertakes to comply with the applicable legal provisions. It is their responsibility, notably to the Customer, to establish the purposes of their data processing, provide their prospects and customers with full and complete information about their personal data from the consent collected, and keep an accurate register of the processing carried out. Whenever https://goto-live.com processes Personal Data, https://goto-live.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://goto-live.com is processing them.
7.2 Purposes of the data collected
https://goto-live.com may process all or part of the data:
- To enable Website navigation and allow the services ordered by the user to be managed and tracked: Website login and utilisation data, invoicing, order history, etc.
- To prevent and fight against computer fraud (spamming, hacking, etc.): computer hardware used for navigation, IP address, password (hashed)
- To improve navigation on the Website: login and usage data
- To carry out optional satisfaction surveys on https://goto-live.com: email address
- To run communication campaigns (SMS, email): telephone number, email address
https://goto-live.com will not sell your personal data; these are solely used out of necessity or for statistics and analyses.
7.3 Right of access, correction and objection
Pursuant to the applicable European regulations, https://goto-live.com Users have the following rights:
- The right to access (GDPR article 15), correct (GDPR article 16), update, User data completeness, lock or delete personal user data (GDPR article 17) if inaccurate, incomplete, ambiguous, out-of-date or of which the collection, use, communication or retention is prohibited
- The right to withdraw consent at any time (GDPR article 13-2c)
- The right to limit the processing of User data (GDPR article 18)
- The right to object to the processing of User data (GDPR article 21)
- The right to data portability regarding data provided by the Users when such data is used in automatic processing based on their consent or a contract (GDPR article 20)
- The right to define what happens to the User’s data after they die and to choose whether or not https://goto-live.com should communicate them and to whom, e.g. a third party designated beforehand
When https://goto-live.com becomes aware that a User has died and in the absence of instructions on their part, https://goto-live.com undertakes to destroy the relevant data unless retaining it proves necessary for the purposes of proof or to meet a legal obligation.
If Users wish to find out how https://goto-live.com uses their Personal Data, ask for it to be corrected or object to its processing, they should contact https://goto-live.com in writing at the following address:
GTL MédiaInvest – DPO, Daniel Duthon
10, Route de Trélex 1266 Duillier, France.
In such cases, the User should specify which Personal Data they want https://goto-live.com to correct, update or delete and provide clear identification via a copy of an identity document (ID card or passport).
Requests to delete Personal Data are subject to the obligations imposed on https://goto-live.com by the law, notably in terms of document archiving and retention. Finally, https://goto-live.com Users can lodge a complaint with the controlling authorities such as CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://goto-live.com shall refrain from processing, hosting or transferring Data collected from its Customers to countries located outside the European Union or one that is recognised as being “not adequate” by the European Commission, without first informing the customer. Notwithstanding the above, https://goto-live.com remains free to choose its technical and commercial subcontractors, on the proviso that they provide adequate guarantees in terms of the requirements of the General Data Protection Regulations (GDPR 2016-679).
https://goto-live.com undertakes to implement all the necessary precautions to keep the Data safe and ensure that it is not disclosed to unauthorised persons. Nevertheless, if https://goto-live.com is informed of an incident affecting the integrity or confidentiality of a Customer’s Data, they shall inform the Customer in question as soon as possible and update them on the corrective measures they have taken. Furthermore, https://goto-live.com does not collect “sensitive data”.
A User’s Personal Data may be processed by subsidiaries of https://goto-live.com or their subcontractors (service providers), for the sole purpose of carrying out this policy.
The main persons liable to have access to https://goto-live.com User data, subject to the limitations of their respective remits and for the purposes set out above, are our customer service agents.
8. Incident notification
Regardless of any efforts made, no Internet transmission or electronic storage method is completely secure. As a result, we cannot guarantee absolute security. If we find out about a security breach, we will inform the affected users so that they can take the appropriate actions. Our incident notification procedures encompass our legal obligations both at national and European level. We undertake to fully inform our customers about all the security questions concerning their account and to provide them with all the necessary information to help them meet their own regulatory obligations in terms of reporting.
No https://goto-live.com website user’s personal data will be published without the user being informed, nor will it be exchanged, transferred, assigned or sold to a third party, irrespective of the medium used. The only situation in which https://goto-live.com would permit the said data to be transmitted would be if it and its rights were acquired, in which case the acquirer would be held to the same data retention and modification obligations to the https://goto-live.com Website users.
To ensure that the Personal Data and Personal Health Data are secure, https://goto-live.com uses networks that are protected by standard measures such as firewalls, pseudonymization, encryption and password protection.
When it processes Personal Data, https://goto-live.com takes all reasonable measures aimed at protecting against loss, fraudulent use, unauthorised access, disclosure, alteration, or destruction.
9. Internet tags, hypertext links and cookies
The https://goto-live.com website contains a certain number of hypertext links to other sites that have been put there with the permission of https://goto-live.com. Notwithstanding this, https://goto-live.com is not able to check the content of sites visited by this means and cannot, therefore, accept any liability for them.
Unless you decide to disable cookies, you accept that the site can use them. You can deactivate the cookies in question at any time and at no cost using the disabling options provided and mentioned below, on the understanding that by doing so you may restrict or prevent access to all part of the Services offered by the website.
A Cookie is a small data file sent to the User’s browser and saved on their terminal (e.g. Computer, smart phone), (hereinafter “Cookies”). These files include such information as the User’s domain name, Internet Service Provider, operating system and the date and time they accessed the website. Under no circumstances do Cookies pose a damage risk to the User’s terminal.
https://goto-live.com is liable to process the User’s data regarding their visit to the Website such as which pages were viewed and what searches were carried out. This data allows https://goto-live.com to improve the content of the Website and the User’s experience.
If the user refuses to save Cookies on their terminal or browser, or if the User deletes those that have been saved, they should be aware that their browsing and experience on the Website may be limited. This may also be the case if, for technical compatibility purposes, https://goto-live.com or one of its service providers is unable to recognise 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://goto-live.com rejects all liability for any consequences relating to degraded operation of the Website and any services that are offered by https://goto-live.com, resulting (i) from the refusal of Cookies by the User (ii) the fact that https://goto-live.comis unable to save or view the Cookies that are necessary for the said operation and services to function correctly because of the choice the User has made. Different browsers use different methods of configuration for managing Cookies and User choices. These are described in the browser’s help menu which will also inform the User how they can change their Cookie preferences.
Users can decide at any time to declare and modify their Cookie preferences. Furthermore, https://goto-live.com may call on external service providers to help them collect and process the data described in this section.
Finally, by clicking on the dedicated Twitter, Facebook, LinkedIn and Google Plus social media network icons featured on the https://goto-live.com Website and mobile application and assuming the User has agreed to accept cookies by continuing to browse the https://goto-live.com Internet Website or mobile application, then Twitter, Facebook, LinkedIn and Google Plus may also leave cookies on their terminal (computer, tablet, mobile phone).
These types of cookie will only be left on your terminals if you provide your consent by continuing to browse the https://goto-live.com Internet Website or mobile application. Notwithstanding the above, the user may revoke their consent for https://goto-live.com to leave this type of cookie at any time.
Article 9.2. INTERNET TAGS
https://goto-live.com may occasionally use Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) and deploy them via a Web analytics specialist partner who may be located (and will therefore store the corresponding data including the User’s IP address) in a foreign country.
These tags are placed on both online advertisements that bring users to the Website and on different pages thereof.
https://goto-live.com uses this technology to measure the visitors’ responses to the Website and the effectiveness of its campaigns (for example, how many times a page is opened and what information is viewed) as well as to evaluate how the User uses the Website.
The external service provider may be able to collect data about visitors to our and other Websites because of these internet tags, may compile reports regarding the website’s activity for https://goto-live.com, and may provide further services which are related to the use of the website and the internet.
10. Applicable law and assignment of jurisdiction.
Any dispute relating to the use of the https://goto-live.com Website is governed by French law. With the exception of cases in which the law does not permit it, the competent Nyon tribunals shall have exclusive jurisdiction.