Legal disclaimer
Customer : any professional or capable natural person within the meaning of Articles 1123 and following of the Civil Code, or legal moral, who visits the Website which is the subject of these general conditions.
Benefits and Services : BIOBank provides Customers with :
Content : all the elements constituting the Information present on the Website, in particular, texts – images – videos.
Customer Information : hereinafter referred to as “Information” which correspond to all Personal Data that may be held by BIOBank for the management of your account, the management of Customer relations and for analysis and statistical purposes.
User : Internet User connecting to the above-mentioned Website.
Personal Information : « Information allowing, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies » (Article 4 of law nr.78-17 of 6 January 1978).
The terms « “Personal Data”, “data subject”, “data processor” and “sensitive data” have the meaning defied by the General Data Protection Regulation (GDPR: nr.2016-679).
1. Presentation of the Website
In accordance with Article 6 of the law nr.2004-575 of 21June 2004 for confidence in the digital economy, User of the BIOBank Website are informed of the identity of the various parties involved in its creation and follow-up:
Proprietor SAS BIOBank – SAS BIOBank – Share capital of 1 399 956€ – VAT number: FR 31 424 607 767 – 3, rue Georges Charpak, 77127 Lieusaint.
Responsible for publication: BIOBank – biobank@biobank.fr
The person responsible for publication is a natural or legal person.
Webmaster : Charrois-Audibert Samantha – scharrois@biobank.fr
Host: ovh – 2, rue Kellermann 59100 Roubaix – 1007
Data Protection Officer : Edorh Grégoire – gedorh@biobank.fr
These GDPR legal notices are taken from the legal notice generator Orson.io.
GENERAL CONDITIONS OF USE OF THE WEBSITE AND THE SERVICES OFFERED.
The Website 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 Website.
The use of theBIOBank Website complies full acceptance of the conditions of use described below. These conditions of use are likely to be modified or completed at any time, and Users of the BIOBank Website are thus invited to consult them regularly.
This Website is normally accessible at all times to Users. However BIOBank may decide to interrupt the service for technical maintenance reasons and will endeavour to inform Users in advance of the dates and times of the intervention. The Website is updated regularly by the person responsible for publication at BIOBank. In the same way, the legal notices can be modified at any time, they are nevertheless binding on 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 purpose of BIOBank Website is to provide Information regarding the company’s activities. BIOBank endeavours to provide Information on the Website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether caused by itself or by third party partners who provide this Information.
All Information on the BIOBank Website is given as an indication and is likely to change. Moreover, the Information on the BIOBank Website is not exhaustive. It is given subject to modifications having been made since it was put on line.
4. CONTRACTAL LIMITATIONS ON TECHNICAL DATA.
The Website uses JavaScript technology. The Website cannot be held responsible for any material damage linked to the use of the Website. Furthermore, the User undertakes to access the Website using a recent, virus-free equipment and with an up-to-date browser. BIOBank Website is hosted by a provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: nr.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 time possible, in particular for maintenance purposes, to improve its infrastructures, in the event of failure of its infrastructures or if the services generate traffic that is considered abnormal.
BIOBank and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. INTELLECTUAL PROPERTY AND COUNTERFEITING.
BIOBank is the owner of the intellectual property rights and hols the rights of use on all 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 Website whatever the means or the process used, is forbidden without prior authorisation from: BIOBank.
Any unauthorised use of the Website or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. LIMITATIONS OF LIABILITY.
BIOBank acts as the publisher of the Website. BIOBank is responsible for the quality and accuracy of the content he publishes.
BIOBank cannot be held responsible for direct or indirect damages caused to the User’s equipment when accessing BIOBank Website and resulting either from the use of equipment that does not meet the specifications specified in point 4, or from the appearance of a bug or incompatibility.
BIOBank cannot also be held responsible for indirect damages (such as loss of business or loss of opportunity) resulting from the use of BIOBank Website. Interactive spaces (possibility to ask questions in the contact window) are available to Users. BIOBank reserves the right to delete, without prior notice, any content posted in this area that contravenes applicable French legislation, in particular the provisions relating to Data Protection. Where applicable, BIOBank se also reserves the right to hold the User civilly and/or criminally liable, particularly in the event of messages of racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photograph …).
7. PERSONAL DATA MANAGEMENT.
The Customer is informed of the regulations concerning marketing communications, the law of 21 June 2014 for Trust in the Digital Economy, the Law on Information Technology and Freedom of 6 August 2004 as well as the General Regulation on Data Protection (GRDP: nr.2016-679).
7.1 Persons responsible for the collection of Personal Data
For Personal Data collected in the context of the creation of the User’s personal account and his navigation on the Website, the entity responsible for processing the Personal Data is: BIOBank. BIOBank is represented by Mr Joucla, its legal representative.
As the party responsible for processing the data he collects, BIOBank undertakes to comply with the legal provisions in force. In particular, he must establish the purposes of its Data processing, provide its prospects and Customers, from the time of collection of their consent, with full Information on the processing of their Personal Data and maintain a logbook of the processing in accordance with the reality. Whenever BIOBank processes Personal Data, BIOBank takes all the reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which it is processed. BIOBank les traite.
7.2 may process all or part of the Data:
BIOBank est susceptible de traiter tout ou partie des données :
• to enable navigation on the Website and the management and traceability of services ordered by the User: connection and Website usage Data, 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 Website: connection and usage Data
• to conduct optional satisfaction surveys on BIOBank: e-mail address
• to conduct communication campaigns (texts, e-mail): phone number, e-mail address
BIOBank does not trade your Personal Data which is therefore only used for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, BIOBank Users have the following rights:
• access rights (Article 15 GRDP) and rectification (Article 16 GRDP), right to update, complete User Data, the right to block or delete User Data of a personal naturel (Article 17 GRDP), where such Data is inaccurate, incomplete, ambiguous, misleading or where its collection, use, communication or storage is prohibited
• rights to withdraw consent at any time (Article 13-2c GRDP)
• right to limit the processing of User Data (Article 18 GRDP)
• right to object to processing of User Data (Article 21 GRDP)
• right to portability of data provided by Users, where such Data are subject to automated processing based on their consent or on a contract (Article 20 GRDP)
• Right to define the fate of User’s Data after their death and to choose to whom
BIOBank should communicate (or not) their Data to a third party that they have previously designated.
As soon as BIOBankbecomes aware of the death of a User and in the absence of instructions from the UserBIOBank undertakes to destroy the User’s Data, unless it is necessary to keep it for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how BIOBank uses his/her Personal Data, to ask to rectify them or to oppose their processing, the User can contact BIOBank in writing at the following address:
BIOBank – DPO, Edorh Grégoire .
3, rue Georges Charpak – 77127 Lieusaint.
In this case, the User must indicate the Data he wishes BIOBank to correct, update or delete, identifying himself 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 BIOBank by law, in particular as regards the conservation or archiving of documents. Finally, users may lodge a complaint with the supervisory authorities and in particular with the CNIL BIOBank
7.4 Non-disclosure of Personal Data
BIOBank will not process, host or transfer Information collected about its Customers to a country outside the European Community or recognised as “unsuitable” by the European Commission without prior notification to the Customer. However, BIOBank remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (GRDP: nr.2016-679).
BIOBank 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 impacting the integrity or confidentiality of the Customer’s Information is brought to BIOBank’s attention, BIOBank must inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore,BIOBank
does not collect any “Sensitive Data”. The User’s Personal Data may be processed by BIOBank subsidiaries and subcontrators (service providers), exclusively for the purposes of this 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 BIOBank Users are mainly the agents of our Customer service.
8. INCIDENT NOTIFICATION
No matter how hard we try, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot, therefore, guarantee absolute security. If we become aware of a security breach, we will notify the Users concerned so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to keeping our Customers fully informed of all matters relating to the security of their account and to providing them with all the Information necessary to help them meet their own regulatory reporting obligations.
No personal Information of the User of;BIOBank Website is published without the User’s knowledge, exchanged, transferred, ceded or sold on any medium to a third party. Only the hypothesis of the buyout of BIOBank and its rights would allow the transmission of the aforementioned Information to the eventual purchaser who would be held to the same obligation of conservation and modification of the Data with respect to the User of BIOBank Website.
9. SECURITY
To ensure the security and confidentiality of Personal Data and Personal Health Data, BIOBank uses networks protected by standard features such as firewalls, pseudonymisation, encryption and passwords.
When processing Data, BIOBank takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
10. INTERNET HYPERLINKS “COOKIES” AND “TAGS”
The BIOBank. Website contains a number of hyperlinks to other Websites set up with the permission ofBIOBank However, it is not possible for BIOBank
to check the content of the Websites visited in this way and consequently will not assume any responsibility for this fact.
Unless you choose to deactivate the cookies, you accept that the Website 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 Website.
10.1. « COOKIES »
A “cookie” is a small Information file stored on the User’s browser and stored in the User’s terminal (ex: computer, smartphone), (hereafter referred as “Cookies”). This file contains 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.
BIOBank may process Information about the User’s visit to the Website, such as the pages consulted and the searches performed. This Information allows BIOBank
to improve the content of the Website, the User’s navigation. Since Cookies facilitate navigation and/or the provision of service offered by the Website, the User can configure his browser to allow him or her to decide whether or not to accept them so that Cookies are saved in the terminal or, on the contrary, are rejected, either systematically or according to the sender. Users can also configure their browser software so that they are offered the option of accepting or refusing Cookies from time to time, before a Cookie is recorded in their terminal. BIOBank informs the User that, in this case, not all the functionalities of its navigation software may be available.
If the User refuses to store Cookies in his terminal or browser, or if the User deletes those stored, he is informed that his navigation and experience on the Website may be limited. This could also be the case when BIOBank or one of its service providers cannot recognise, for technical compatibility purposes, 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, BIOBank declines all responsibility for the consequences linked to the degraded functioning of the Website and any services offered by BIOBank, resulting (i) from the refusal of Cookies by the User (ii) the impossibility for BIOBank to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will show how the User can change his wishes regarding Cookies.
À any time, the User can choose to express and modify his Cookie wishes. BIOBank 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 social networks Twitter, Facebook, LinkedIn and Google Plus on the BIOBank Website or its mobile application and if the User has accepted the deposit of Cookies by continuing to browse the BIOBank Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also deposit Cookies on your terminals (computer, tablet, mobile phone).
These types of Cookies are only deposited on your terminals if you consent to them by continuing to browse the BIOBank Website or mobile application. However, at any time the User can withdraw his consent for BIOBank to deposit this type of Cookies.
10.2. INTERNET “TAGS”
BIOBank may occasionally use Internet tags (also known as action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialised web analytic partner that may be located (and therefore store corresponding Information, including the User’s IP address) in a foreign country. These tags are placed both in the online advertisements allowing Users to access the Website, and on the its various pages.
This technology allows BIOBank 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 consulted), as well as the User’s use of the Website.
The external service provider may collect Information about visitors to the Website and other Websites through these tags, compile reports on the Website activity for BIOBank, and provide other services related to the use of the Website and the Internet.
11. GOVERNING LAW AND JURISDICTION.
All disputes arising from the use of the BIOBank Website are subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Melun.
