Legal notice

By accessing this Website, you accept, without limitation or qualification, the legal provisions in full force and the conditions detailed below.


1 – Publisher


This Website hereinafter named the “Website” is published by QWAMPLIFY, SA (number 500 517 776), a company with a capital of euros 5 506 489, registered under the laws of France with office at 14 Place Marie-Jeanne Bassot, 92300 LEVALLOIS-PERRET – France.


2 – Website Host


This Website is hosted by OVH, (number 424 761 419) a company registred under the laws of France with office at 2 rue Kellermann, 59100 Roubaix – France.
Phone number: 09 72 10 10 07


3 – Publication Director


Jean-Marc Piette, Marketing & Communications Manager – If you have any questions about the Website, please contact us at: contact-us@qwamplify.com


Photo credit : Shutterstock / AT Média


Copyright © Qwamplify 2018 All rights reserved

 


GENERAL CONDITIONS OF USE OF OUR WEBSITE


The present General Conditions of Use shall rule the relationship between the company QWAMPLIFY and the Users browsing the Website thereof who are willing to take advantage of the services proposed by QWAMPLIFY. We kindly request you to carefully read the Legal Notices, the Website General Conditions of Use as well as the Privacy Policy for protecting Personal Data and the terms of cookies use before browsing our Website. By browsing the QWAMPLIFY Website, you are deemed to have accepted such conditions. If you do not have accepted them, we request you to please stop browsing this Website and using the services proposed.


Warning


QWAMPLIFY should not be held responsible for any direct, indirect or other prejudices which may result from the access or using of this Website or any information you may find there. QWAMPLIFY is proposing links on its Website directing to other different websites. The latter are subject to their own conditions of use and privacy policy. QWAMPLIFY should not be held responsible for their accessibility or contents.


1 – Intellectual property


The display and content of the present Website constitute a work protected by the applicable regulation on intellectual property belonging to QWAMPLIFY. No copy and/or representation whether wholly or partly shall be made without QWAMPLIFY prior written consent. The QWAMPLIFY name, logo, product names and catchwords are, unless otherwise specifically stipulated, trademarks registered by QWAMPLIFY or its subsidiaries. Other product designations or companies names which may be used on this Website could be trademarks belonging to their relevant owners.


Any copy, use and/or modification which would be made without QWAMPLIFY prior written consent could be deemed as forgery. The templates or products, designs, photos, pictures, moving images, whether they are sound sequences or not and other materials, and more generally any visual or sound elements including the underlying technology used on the Website shall be subject to industrial and/or intellectual copyrights and, depending on the case, considered as belonging to QWAMPLIFY or third parties which shall have restrictively authorized QWAMPLIFY to use them. As such, any copy, representation, adaptation, translation and/or transformation, whether wholly or partly, or any transfer onto another website shall be forbidden. Any copy for private use of such items of copyrights shall be authorized. Any partial or full copy made without QWAMPLIFY prior written shall be strictly forbidden.


2- Access to the Website


Using QWAMPLIFY Website shall be free of charge for any person of age having access to the internet. This Website is not intended to children under the age of 18 and we shall not collect, use, provide or knowingly process under whatsoever other form any Personal Data on children under of age. Therefore, if you are under 18, we kindly request you not to send us any Personal Data (for example your name, street address or email address). If you are less than 18 years old and if you nevertheless wish to ask a question or use the present Website and if, in order to do so, you are requested to give Personal Data, then please ask your parents or guardian to do it for you.


3- Modifications on Website and present General Conditions of Use


QWAMPLIFY shall be entitled at any time with or without prior notice to make any modifications on the Website, its contents and the present General Conditions of Use.
The Users visiting this Website after such modifications shall be bound thereto as soon as such modifications have appeared, even if the User does not visit the page on which such modification or the new General Conditions of Use are stipulated. It is therefore recommended to often visit our Website and read the present General Conditions of Use.


4- Responsibilities


QWAMPLIFY shall undertake to make its best efforts to ensure the Users at any time an access to this Website. QWAMPLIFY shall therefore reserve the right to amend or update at any time without any prior notice the content of this Website. Furthermore, QWAMPLIFY shall waive any responsibility for any reason whatsoever in case of delay, mistake or omission in the content of the present pages, and also in case of interruption, technic problems, including any problem to connect to the Website, or an unavailability of the Website.


QWAMPLIFY shall reserve the right, for any reason whatsoever and without any prior notice to cancel, modify, suspend or interrupt the access to all or part of the Website.


QWAMPLIFY shall not guarantee that the server hosting the Website is free from any viruses or other logical infections on the Website, or the occurrence of any technical problem or breakdown which may damage the User’s computer parts or data which it might contain.


QWAMPLIFY responsibility shall not in any circumstances be involved in the following cases: temporary interruptions for updating certain files; operational problems or temporary interruptions of such services, particularly in case of electricity or telecommunication supplying interruptions; temporary interruptions of services due to the evolution or maintenance thereof; internet defect or dysfunction for conveying messages or documents. QWAMPLIFY shall not be held responsible for any inconvenience or damages in connection with the use of internet such as service breakdown, computer viruses or exterior intrusions and more generally in any case for any event considered as force majeure by the court. QWAMPLIFY shall reserve the right at any time to momentarily or permanently modify or interrupt all or part of the Website without the obligation to inform you thereof in advance. QWAMPLIFY shall not be held responsible towards you or any other third party for any modification, suspension or interruption of the Website.


5- Hypertext links


Third party links


This Website may include links directing to other websites or WEB sources conducted by third parties. We cannot have any control of such websites and should not be held responsible of their conditions of access, contents, publicities or services proposed therein. Therefore, QWAMPLIFY shall not be held responsible for any dispute arising between such websites and the Users.


Personal links


The User owning a personal website shall be entitled to place on his website for private use a simple link directing to QWAMPLIFY home page providing he shall have been awarded QWAMPLIFY express written authorization to do so. Since then, the User shall not be entitled to prevail from any implicit contract of affiliation. However, any hypertext link to QWAMPLIFY Website using the framing or deep linking techniques shall be strictly forbidden. In any case, any link even if it is expressly authorized shall have to be withdrawn on simple request from company QWAMPLIFY.


PROTECTION POLICY ON PERSONAL DATA


Individual-related data. privacy policy (hereinafter the “Privacy Policy”)


The protection of your Personal Data is our main concern.


When you browse our Website and give us your Personal Data, please remind that you shall be deemed as having given your authorization – where necessary – to have such data used by QWAMPLIFY for the purposes stipulated in the present Privacy Policy.


Should you not accept the present Privacy Policy, you shall have to avoid using our Website and giving us your Personal Data.


The present Privacy Policy can be modified at any time. Should you continue to use our Website once the modifications we have made have been enforced, you shall be deemed to have accepted such modifications. Therefore, please be kind enough to check regularly the present Privacy Policy.


This Website may contain links to other third-party websites proposed by QWAMPLIFY, our Affiliated Companies, our clients and our pages on social networks. Such third-party websites have their own general conditions of use and privacy policy on data. When you chose to be redirected and therefore browse on such other third-party websites by clicking on the links proposed, do not forget to read the general conditions of use, privacy policy and cookie policy on such third-party websites.


The information collected from this Website, in particular through the contact form, shall undergo a computer processing by the company QWAMPLIFY:


- as processor of the advertisers: if you have participated in a promotional action organized by the advertisers (via the link “write a message” in the footer of the Website leading you to the consumer contact form). In such case, the privacy policy applicable shall be the relevant advertiser’s policy. We kindly request you to read them by contacting the advertiser or browsing his website (information available on the visual display of the offer in which you have participated)
- as a collector: in order to allow us to reply to the requests you have made as a professional willing to receive information on our offers, products or services or our Group affiliated companies (through the contact form available on the Website by clicking on the button in the menu bar or “contact us” in the footer)
- as a collector: to allow us to deal with your application if you are applying to the job offers proposed on QWAMPLIFY Website or of any affiliated companies websites of our group (by clicking on “we recruit” at the bottom of the Website page) to the following email address : jobs@qwamplify.com.


When you send information through the present Website :


- you agree on the processing of your Personal Data (“Personal Data”) according to the conditions stipulated in the Private Policy (or equivalent) on the data registration/entry form;
- you agree on having such personal-related data used by QWAMPLIFY to give you the information on QWAMPLIFY and the group affiliated companies activities as well as to the services and commercial offers which might interest you.


Such personal-related data, depending on the purpose for which you have contacted us, are intended to our services :


- to allow us dealing with your information request
- giving you our financial or commercial information
- for advertising, commercial prospection and customer management.


QWAMPLIFY may send you by SMS, MMS, email or correspondence any information to learn more about and better use our Website and to make you discovering the commercial offers of the QWAMPLIFY group affiliated companies.


We shall have to convey such data without any preliminary consent to some of our technical service providers and/or affiliated companies in case of services developed with them so that they can ensure the proper functioning thereof.


We shall therefore have to transfer your Personal Data to official bodies or agencies in the event we would have to do so in order to comply with any legal obligation or if, in our good faith judgment, such action shall be reasonably requested for any legal proceedings, to respond to any complaint or legal action or to protect QWAMPLIFY or its clients’ rights.


Apart from this case, we shall undertake not to disclose any Personal Data without your prior consent, unless we deem that such action is necessary to protect and/or defend your rights and/or those of our Users.


In application of Article 16 of the modified law dated January 6th, 1978 and European rule on data protection (GDPR), the collection of personal-related data excludes any data on morals, religious belief or belonging, trade unions and political opinions. We shall undertake to take all necessary precautions to protect such personal-related data to preserve their security and prevent them from being distorted, mislead or transferred to non-authorized third parties. In order to do so, such personal-related data shall be recorded in secured zones non-available to public. Any other information requested in option are intended to better know you and to improve the services proposed while guaranteeing security.


The User’s data regarding:


- consumers: information requests on promotional offers in which they have participated shall be stored by QWAMPLIFY or its affiliated companies during 6 months as from the termination date of management of the operation and shall be transferred to the advertiser in charge of the promotional offer. Following transfer, the privacy policy applicable shall be the relevant advertiser’s policy. We kindly advise you to read the privacy policy applicable to the offer by contacting the advertiser or by visiting his website (information on the visual display of the promotional offer in which you have participated)


- prospects and clients of QWAMPLIFY and affiliated companies: general information requests on our offers and services. In this case, your identifying data (name, mail address, etc.) shall be stored during 3 years and deleted 3 years after last date of connection to our Website, consultation of an email, your last order or absence of replying to our latest commercial invitations excepting the data for which the minimum retention period derives from any legal or regulatory obligation, termination of a prescription period or lawful interest


- applicants to QWAMPLIFY and affiliated company job offers: requests for processing your application file and profile assessment. In such case, you identifying data (surname, first name, address, etc.) shall be stored during 2 years and be deleted as from the date of your latest application.

According to the modified Law on Computer and Liberties dated 06.01.1978 and European rule on data protection (GDPR), you are entitled to assert your rights of access to data, correction, deletion or portability, data transmission in case of decease, limitation of data processing and to challenge processing in the following circumstances:

Access right to data you may request QWAMPLIFY to have access to all your data and information. You may also request a copy of all data collected
Right of rectification of data you are entitled to request the rectification of inaccurate data about you
Right to delete your data you are entitled to request the deletion of your data in the cases provided for by the regulation
Right to limit data processing means blocking the use of your data or limit it
Right of portability you may request and get a copy of your data in the format legible by a machine with the purpose of transferring them to another processor
Opposition right you are entitled to refuse at any time the use of certain Personal Data
Right of claim you are entitled to file a claim with the competent control authorities, in particular with the CNIL
Right to process data in case of decease you may contact us to manage the fate of your data in case of decease
Individual automated decision on data                                                                        you may trace back your profiling, file an opposition and request a human intervention in your individual automated decision                                                                                     



To exercise your rights, you just have to file your request :


- by contacting the advertiser of the offer in which you have participated (which details are available on the visual display of the offer)
- for consumers, by clicking on the following link “send a message”, please complete the contact form and select the reason of your request
- by sending an email to the following address: dpo@qwamplify.com.


In order to allow you to exercise your rights, we shall meet your request unless we would be legally obliged to keep your data in the state they are in order to meet one of your requests, if your request is not justified in the meaning of the GDPR, if the European Union or any State member regulation requests such keeping for reason of lawful or public interest, freedom of expression and/or of information, the exercise and defense of rights or generally for any legal obligation.


Any request must be clear, precise, justified and must include a copy of identity document made according to the legal provisions applicable. To learn more, please read carefully our Privacy Policy.


In order to allow QWAMPLIFY to meet his request, the User shall have to give us an address (email or postal address) to which he wishes receiving a reply.


Browsing QWAMPLIFY Website implies the automated registration of information such as the date, time and duration of your visit on QWAMPLIFY Website in order to optimize and personalize your browsing. To learn more, please read carefully our terms of cookies use. By express agreement, the data collected is subject to analysis, statistics, communication and advertising in order to improve the Users’ browsing.


If the Users have subscribed to our newsletter and have accepted to receive commercial offers and invitations from QWAMPLIFY, they shall be entitled to unsubscribe by clicking on the link provided for this purpose.


The Website Users are informed that the data transmitted for a request on a promotional offer in which they have participated shall be transferred to the offer organizer and may be conveyed to the latter’s partners within the European Union according to the General Rule on data protection (GDPR).


You may also send us certain requests via our pages on social networks. The information provided through social networks shall not be used for commercial prospection by QWAMPLIFY unless your express prior agreement. However, in order to improve the services proposed, your data may be used after anonymization for statistics purpose and notoriety analysis by QWAMPLIFY.


If you think that the processing of your data is violating your rights, you are then entitled to directly file a complaint with the CNIL.


Cookies:


Cookies are text files placed in your machine (computer, cell phone, table) when you visit a website. They register information about your browsing on this Website. Cookies can only be accessed or modified by the issuer.


Certain cookies are recorded only during your visit on our Websites. This type of cookies is called session cookie and vanish when you shut down your internet browser. The other type of cookies is called persistent cookies. They can remain stored in your computer after your visit and may be consulted each time you visit our Websites again.


On this Website, cookies are stored in your computer during a longer period of time which shall never exceed thirteen (13) months. Since the purpose of these cookies is to quantify the audience, the conservation period of the data shall not exceed six (6) months, after this delay the data shall be anonymized.


Third-party cookies: for certain functions inside our Websites, we call on third-party suppliers, for example, when you visit a page including videos incorporated from YouTube or links to this Website. Also, any other content of third-party supplier websites may contain third-party cookies. Computerized apps allowing to facilitate the share of contents with other people (“buttons” on social networks pages such as Facebook, Twitter, etc.) may also be integrated to our Website. This type of app may allow the social network to follow your browsing of our Website as soon as your social network session is open on your computer or smartphone when you are browsing our Website. We have no control on the process used by social networks to collect information when you are browsing our Website associated with the Personal Data they already have. You may if you wish consult the policies of such third-party websites to get information on their use of cookies.


Configuration of cookies: we do not use cookies to collect data personally recognizable on you and you are also entitled to a right of access, correction and opposition which you can exercise by clicking on the link “cookies” at the bottom of the Website page following the banner appearing. However, if you wish so you may choose to refuse or block all or part of the cookies defined by QWAMPLIFY or any third-party suppliers’ websites by modifying the settings of your browser. Please go to “Aid function” in your browser to learn more. You may modify your choice of cookies at any time. The configuration of cookies is likely to modify the conditions of your browsing our Website and the conditions of access to certain services.


If you wish to adjust the configuration of cookies on our Website, you may visit the following pages depending on the browser you are using. Various choices are available according to the type of browser: refusal of all cookies, blockage of certain cookies, deletion of cookies after closing the browser.


• Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr (or go to menu « Tools » > Click on « Parameters » > Click on « View advanced parameters », then on « Content parameters » > « Authorize local data storage » must be selected. Once you have done this, select « Block all cookies »)
• Internet Explorer : http://windows.microsoft.com/fr-fr/internet-explorer/delete-manage-cookies#ie=ie-11
• Mozilla Firefox :https://support.mozilla.org/fr/kb/activer-desactiver-cookies
• Safari https://support.apple.com/kb/PH19214?locale=fr_FR.


Please note that most of browsers automatically accept cookies and if you do not wish cookies to be used, you may need to delete or block cookies on your own. However, please note that if you refuse using cookies, you will still be able to visit our Websites, but certain functions may not work properly.


We therefore inform you that all our services do request that the User accepts such cookies. If the browser is configured to refuse them, the access to such services may be altered, and even impossible. However, you may desactivate such cookies from the banner appearing by clicking on the link « cookies » at the bottom of the Website page.


Collection of non-personal data


We can automatically collect non-personal data on you such as the type of internet browser you are using and the website containing the link you have used to direct to our Website. We can also collect in statistics the information you have submitted to our Website. You cannot be identified from this information and the latter may be used only to help us providing an efficient service on this Website. We may from time to time transfer such non-personal data to third parties or collect them in statistics for purpose of use them on this Website.


Security of your Personal Data


We pay great attention to your Personal Data and we therefore ensure to provide you an adequate protection level. To this end, we have implemented a technology and policies which purpose is to protect your privacy against non-authorized or abusive access and we shall update such measures as technology evolves and according to identified needs.


Such measures particularly include, but are not limited to, a HTTPS connecting system, and encryption of data exchanges with various software and material protection techniques.


All information you are transmitting to us via the present Website remain confidential and are insured by internal security procedures. However, considering the relative nature of internet security, QWAMPLIFY cannot guarantee total safety. Therefore, when you transmit your data online, you must accept the risk linked to such transmission.


Use of Personal Data you have submitted to other websites


On our Website, we can integrate links to other websites or you shall be directed on our Website via a link from another website. As you may imagine, we cannot be held responsible of the privacy policies and practices of other websites. Such content depends on their conditions of use as well as of any further privacy guidelines and information provided on the use of their website. We shall recommend you to read the policy of each website you are visiting in order to better understand your rights and responsibilities, more particularly when you are submitting any type of content to such third-party websites. Please contact the holder or operator of such website, should you have any concerns or questions.


Modifications made on the present Policy


We may from time to time make modifications on the present Privacy Policy. Should we make any substantial modifications on the present Privacy Policy or the way we are using your Personal Data, we shall post such modifications on the present document and make our best efforts to inform you of any significant modification.


Please refer often to our Privacy Policy. For any question regarding the protection of your Personal Data or the present Policy, you may contact us at DPO@qwamplify.com.


OTHERS


In case certain provisions of the present Legal Notices, Website General Conditions of Use, Privacy Policy and terms of cookies use would be deemed as unenforceable, the unenforceable provision shall be considered to have been replaced by a valid and enforceable provision. Such provision should be as close as possible to the purpose of the original provision. This shall have no effect on the validity or execution of other provisions.


Without prejudice to any exclusions and limitation of liability contained in the present general conditions, no request or claim regarding the present Website shall be validly filed by any person towards QWAMPLIFY or any of its affiliated companies if such request or claim has not been initiated within the delay of one (1) year after the grievance has first arisen and which has been notified to QWAMPLIFY in writing.


The present Legal Notices, General Conditions of Use, Privacy Policy and terms of cookies use are subject to the French law. Any dispute arising from the Legal Notices, General Conditions of Use, Privacy Policy and terms of cookies use shall come within the jurisdiction of the Court in Nanterre.