Legal Notice
Definitions
Client: any professional or natural person capable within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Website that is the subject of these general terms and conditions.
Services: Brightly Way provides Clients with the following:
Content: all the components constituting the information present on the Website, including but not limited to texts, images and videos.
Client Information: hereinafter referred to as “Information”, meaning all personal data that may be held by Brightly Way for the management of your account, client relationship management, and for analysis and statistical purposes.
User: any internet user connecting to and using the above-mentioned Website.
Personal Data: “Any information relating to an identified or identifiable natural person, directly or indirectly, by reference to an identification number or to one or more factors specific to them” (Article 4 of French Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “processor” and “special categories of data” have the meaning given to them by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the website
Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website www.br-way.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Brightly Way SAS
Legal form: SAS (Société par Actions Simplifiée – Simplified Joint Stock Company)
Share capital: €1,000
RCS: Paris 939 365 185
Intra-Community VAT number: FR 60 939 365 185
Registered office: 1, rue de Stockholm, 75008 Paris, France
Trademark: “Brightly Way”
Publication director: Cyril JAY – contact@br-way.com
Design & Technical development: DYNSEO Agency
Hosting provider: IONOS
2. General terms of use of the website and services
The Website constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and the applicable international regulations. Under no circumstances may the Client reuse, transfer or exploit for their own benefit any or all of the elements or works of the Website.
Use of the website www.br-way.com implies full and complete acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of the website www.br-way.com are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, Brightly Way may decide to interrupt access for technical maintenance. In such a case, Brightly Way will endeavour to inform users in advance of the dates and times of the intervention. The website www.br-way.com is regularly updated by Brightly Way. Likewise, the legal notice may be modified at any time: it is binding on the user, who is invited to refer to it as often as possible in order to be aware of any changes.
3. Description of the services provided
The purpose of the website www.br-way.com is to provide information concerning all the company’s activities. Brightly Way endeavours to provide information on the website www.br-way.com that is as accurate as possible. However, it cannot be held liable for any omissions, inaccuracies or shortcomings in updates, whether caused by its own actions or by those of third-party partners that provide this information.
All information provided on the website www.br-way.com is for information purposes only and may be subject to change. Furthermore, the information appearing on the website www.br-way.com is not exhaustive. It is provided subject to any changes that may have been made since it was put online.
4. Contractual limitations on technical data
The Website uses WordPress technology. The Website may not be held liable for any material damage arising from use of the site. In addition, the user of the Website undertakes to access the site using recent equipment, free of viruses and with an up-to-date, latest-generation browser. The website www.br-way.com is hosted by a provider located 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 highest possible level of accessibility. The hosting provider 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 periods, in particular for maintenance, infrastructure upgrades, infrastructure failures, or if the Services generate traffic deemed abnormal.
Neither Brightly Way nor the hosting provider can be held liable in the event of a malfunction of the Internet network, telephone lines or computer and telephony equipment, particularly due to network congestion preventing access to the server.
5. Intellectual property and infringement
Brightly Way owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Website, regardless of the means or process used, is prohibited without the prior written authorization of Brightly Way.
Any unauthorised use of the Website or any of the elements it contains will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitation of liability
Brightly Way acts as publisher of the Website. As such, Brightly Way is responsible for the quality and accuracy of the Content it publishes.
Brightly Way cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the website www.br-way.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.
Brightly Way also cannot be held liable for indirect damages (such as, for example, loss of business or loss of opportunity) resulting from the use of the website www.br-way.com. Interactive areas (the possibility to ask questions in the contact area) are available to users. Brightly Way reserves the right to delete, without prior notice, any content posted in this area that contravenes applicable legislation in France, in particular provisions relating to data protection. Where appropriate, Brightly Way also reserves the right to invoke the civil and/or criminal liability of the user, particularly in the case of messages of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).
7. Management of personal data
The Client is informed of the regulations relating to marketing communication, the Law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Data controllers
For Personal Data collected as part of the creation of the User’s personal account and browsing on the Website, the data controller is Brightly Way SAS, represented by Cyril JAY, its legal representative.
As the data controller for the data it collects, Brightly Way undertakes to comply with the legal framework in force. In particular, it is its responsibility to determine the purposes of its data processing, to provide its prospects and clients, from the moment their consent is collected, with full information on the processing of their personal data, and to maintain a register of processing operations that reflects reality. Whenever Brightly Way processes Personal Data, Brightly Way takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which it is processed.
7.2 Purpose of the data collected
Brightly Way may process some or all of the data for the following purposes:
– to enable browsing on the Website and the management and traceability of services ordered by the user: connection and use data for the Website, invoicing, order history, etc.
– to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, hashed password.
– to improve browsing on the Website: connection and usage data.
– to conduct optional satisfaction surveys on www.br-way.com: email address.
– to carry out communication campaigns (SMS, email): telephone number, email address.
Brightly Way does not sell your personal data; they are therefore only used when necessary or for statistical and analysis purposes.
7.3 Rights of access, rectification and objection
In accordance with the applicable European regulations, users of www.br-way.com have the following rights:
– right of access (Article 15 GDPR), rectification (Article 16 GDPR), updating and completion of user data;
– right to lock or erase users’ personal data (Article 17 GDPR) when it is inaccurate, incomplete, equivocal, outdated, or where the collection, use, communication or storage of such data is prohibited;
– right to withdraw consent at any time (Article 13-2(c) GDPR);
– right to restrict processing of user data (Article 18 GDPR);
– right to object to the processing of user data (Article 21 GDPR);
– right to data portability for data that users have provided, when such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR);
– right to define what happens to their data after their death and to choose a third party to whom Brightly Way may (or may not) disclose their data.
As soon as Brightly Way becomes aware of the death of a User and in the absence of specific instructions from them, Brightly Way undertakes to delete their data, unless its retention is necessary for evidential purposes or to comply with a legal obligation.
If a User wishes to know how Brightly Way uses their Personal Data, requests to rectify it or objects to its processing, the User may contact Brightly Way in writing at the following address:
Brightly Way SAS
Data Protection (GDPR) Department
1, rue de Stockholm, 75008 Paris, France
In this case, the User must indicate the Personal Data they would like Brightly Way to correct, update or delete, and must identify themselves precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the legal obligations imposed on Brightly Way, in particular in terms of document retention and archiving. Finally, users of www.br-way.com may lodge a complaint with the supervisory authorities, in particular with the CNIL (the French Data Protection Authority) (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
Brightly Way undertakes not to process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as “non-adequate” by the European Commission, without first informing the Client. Nevertheless, Brightly Way 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).
Brightly Way undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information comes to the attention of Brightly Way, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, Brightly Way does not collect any “special categories of data”.
The User’s Personal Data may be processed by Brightly Way’s 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 mentioned above, the main persons likely to have access to users’ data from www.br-way.com are primarily the staff of our customer service department.
7.5 Types of data collected
For users of the website www.br-way.com, we collect the following data, which are essential for the operation of the service and will be kept for a maximum period of 9 months after the end of the contractual relationship:
None.
In addition, Brightly Way collects information that enables us to improve the user experience and provide contextualised advice: first name, last name, company, email address and telephone number.
This data is kept for a maximum period of 9 months after the end of the contractual relationship.
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 security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relevant to the security of their account and to providing them with all necessary information to help them fulfil their own regulatory reporting obligations.
No personal information of the user of the website www.br-way.com is published without the user’s knowledge, nor exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only in the event of the acquisition of Brightly Way and its rights would the transmission of such information to the potential purchaser be permitted, who would in turn be bound by the same obligation of data retention and modification with respect to the user of the website www.br-way.com.
Security
To ensure the security and confidentiality of Personal Data and, where applicable, Health-related Personal Data, Brightly Way uses protected networks with standard security measures such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Brightly Way takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks, cookies and internet tags
The website [Brightly Way website address] contains a number of hyperlinks to other sites, set up with the authorization of Brightly Way. However, Brightly Way is not able to verify the content of the sites visited in this way and therefore assumes no responsibility in this respect.
Unless you decide to disable cookies, you agree that the Website may use them. You may disable these cookies at any time, free of charge, using the disabling options described below, bearing in mind that this may reduce or prevent access to all or part of the services offered by the Website.
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 contains information such as the User’s domain name, Internet service provider, operating system, as well as the date and time of access. Cookies will not damage the User’s device in any way.
Brightly Way may process information about the User’s visit to the Website, such as pages viewed and searches carried out. This information allows Brightly Way to improve the content of the Website and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of the services offered by the Website, the User may configure their browser to allow them to decide whether or not to accept them so that Cookies are stored on the device or, conversely, rejected, either systematically or depending on their sender. The User may also configure their browser software so that acceptance or rejection of Cookies is offered from time to time, before a Cookie is likely to be stored on their device. Brightly Way informs the User that, in this case, some features of their browser may not be available.
If the User refuses to store Cookies on their device or browser, or if the User deletes those that are stored, the User is informed that their browsing and experience on the Website may be limited. This may also be the case where Brightly Way or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.
Where applicable, Brightly Way declines any responsibility for the consequences linked to the degraded functioning of the Website and any services offered by Brightly Way, resulting (i) from the refusal of Cookies by the User, or (ii) from the impossibility for Brightly Way to record or consult the Cookies necessary for their functioning due to the User’s choice. The configuration of each browser is different when it comes to managing Cookies and the User’s choices. It is described in the browser’s help menu, which explains how the User can change their wishes regarding Cookies.
At any time, the User may choose to express and modify their preferences regarding Cookies. Brightly Way may also use the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons for the social networks Twitter, Facebook, LinkedIn and Google Plus appearing on the website www.br-way.com or in its mobile application, and if the User has accepted the use of cookies by continuing to browse the Website or mobile application of www.br-way.com, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies will only be placed on your devices if you consent to them by continuing to browse the Website or mobile application of www.br-way.com. The User may withdraw their consent at any time for Brightly Way to place this type of cookies.
9.2 Internet tags
Brightly Way 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 web analytics partner that may be located in a foreign country (and therefore store the corresponding information, including the User’s IP address, in that country).
These tags are placed both in online advertisements enabling internet users to access the Website and on its various pages.
This technology allows Brightly Way to evaluate visitors’ responses to the Website and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User’s use of the Website.
The external provider may collect information about visitors to the Website and other websites using these tags, compile reports on Website activity for Brightly Way, and provide other services relating to the use of the Website and the Internet.
10. Governing law and jurisdiction
Any dispute relating to the use of the website www.br-way.com is subject to French law. Except where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Paris.