Definitions
Customer: any professional or natural person capable within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these General Terms and Conditions.
Services: Wheelik provides Customers with :
Content: All the elements making up the information present on the mobile application and the website, in particular texts – images – videos.
Customer Information: Hereinafter referred to as “Information (s)” which corresponds to all personal data that may be held by Wheelik for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting, using the mobile application or the aforementioned site.
Personal information: “Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679).
- Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the Wheekik website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Micro-entreprise Ecolab – Montpellier 34000 Montpellier
Publication manager: Ecolab – wheelik.app@gmail.com
The person responsible for publication is an individual or a legal entity.
Webmaster: Ecolab
Host: 1and1 – 7 Place de la Gare 57200 Sarreguemines 0970 808 911
Data protection delegate: Ecolab
- General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the French 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 on the Site.
Use of the Wheelik mobile application and website implies full and complete acceptance of the general conditions of use described below. These conditions of use may be amended or supplemented at any time, and users of the Wheelik website are therefore advised to consult them regularly.
This website is normally accessible to users at all times. Wheelik may, however, decide to interrupt the site for technical maintenance purposes, in which case Wheelik will endeavour to inform users of the dates and times of the intervention in advance. The Wheelik website is updated regularly by the person responsible. Similarly, the legal notices may 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 review them.
- Description of services provided.
The purpose of the Wheelik mobile application and website is to provide information concerning all of the company’s activities. Wheelik endeavours to provide information on the Wheelik website that is as accurate as possible. However, it may not be held responsible for omissions, inaccuracies or shortcomings in updating, whether caused by itself or by third party partners who provide it with this information.
All information provided on the Wheelik website and mobile application is given for information purposes only and is subject to change. Furthermore, the information on the Wheelik website is not exhaustive. It is subject to changes having been made since it was put online.
- Contractual 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 site. The Wheelik website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: no. 2016-679).
The aim is to provide a service that ensures the highest level 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 time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the Services generate traffic deemed abnormal.
Wheelik and the host may not be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.
- Intellectual property and counterfeiting.
Wheelik 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 process used, is prohibited, except with the prior written authorisation of : Wheelik.
Any unauthorised use of the site or of 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 et seq. of the French Intellectual Property Code.
- Limitation of liability.
Wheelik acts as the publisher of the Website and the Mobile Application. Wheelik is responsible for the quality and accuracy of the Content it publishes.
Wheelik may not be held liable for direct or indirect damage caused to the user’s equipment when accessing the Wheelik website or mobile application, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Wheelik may also not be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the Wheelik website or mobile application. Interactive areas (possibility to ask questions in the contact area) are available to users. Wheelik reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Wheelik also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).
- Management of personal data.
The Customer is informed of the regulations concerning marketing communications, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for collecting personal data
For Personal Data collected as part of the creation of the User’s personal account and browsing on the Website, the party responsible for processing Personal Data is: Wheelik represented by Ecolab, its legal representative.
As the party responsible for processing the data it collects, Wheelik undertakes to comply with the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, once their consent has been collected, with complete information on the processing of their personal data and to maintain a data processing register that complies with reality. Whenever Wheelik processes Personal Data, Wheelik takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which Wheelik processes it.
7.2 Purpose of data collected
Wheelik may process all or part of the data:
to enable browsing on the Site and the management and traceability of services ordered by the user: connection and Site usage data, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed), etc.
to improve browsing on the Site: connection and usage data
to carry out communication campaigns (sms, email): telephone number, email address, etc.
Wheelik does not sell your personal data, which is therefore only used if necessary or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Wheelik Users have the following rights:
right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users’ data right to block or delete Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, out of date, 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 GDPR)
the right to object to the processing of Users’ data (Article 21 GDPR)
the right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
the right to define the fate of Users’ data after their death and to choose to whom Wheelik should communicate (or not) their data to a third party that they have previously designated.
If the User wishes to know how Wheelik uses their Personal Data, ask to rectify them or oppose their processing, the User may contact Wheelik in writing at the following address:
Ecolab – DPO, Ecolab
Montpellier 34000 Montpellier.
In this case, the User must indicate the Personal Data that he/she would like Wheelik to correct, update or delete, identifying him/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 Wheelik by law, in particular with regard to the retention or archiving of documents. Finally, Wheelik Users may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
Wheelik will not process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognised as “non-adequate” by the European Commission without informing the customer in advance. However, Wheelik 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 (RGPD: n° 2016-679).
Wheelik 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 Customer’s Information is brought to Wheelik’s attention, Wheelik must inform the Customer as soon as possible and inform the Customer of the corrective measures taken. Wheelik does not collect any “sensitive data”.
The User’s Personal Data may be processed by Wheelik 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 set out above, the main persons likely to have access to Wheelik Users’ data are our customer service agents.
- 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 breach of security, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of 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 comply with their own regulatory reporting obligations.
No personal information of the user of the Wheelik site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of Wheelik and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the Wheelik site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, Wheelik uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Wheelik takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
- Hypertext links, cookies and internet tags
The Wheelik site contains a number of hypertext links to other sites, set up with authorisation. However, Wheelik is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and described below, bearing in mind 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 on the User’s terminal (e.g. computer, smartphone) (hereinafter referred to as “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 are in no way likely to damage the User’s terminal.
Wheelik may process information about the User’s visit to the Site, such as the pages consulted and searches performed. This information enables Wheelik to improve the content of the Site and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure his/her browser to allow him/her to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or depending on the sender. The User may also configure his/her browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his/her terminal. Wheelik informs the User that, in this case, it is possible that not all of the functions of their browser software will be available.
If the User refuses the storage of Cookies in his terminal or browser, or if the User deletes those stored there, the User is informed that his browsing and experience on the Site may be limited. This may also be the case when Wheelik 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, Wheelik declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by Wheelik, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Wheelik to record or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. This is described in the browser’s help menu, which will indicate how the User can modify his/her wishes with regard to Cookies.
At any time, the User may choose to express and modify his/her wishes with regard to Cookies. Wheelik 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 Twitter, Facebook, Linkedin and Google Plus social networks appearing on the Wheelik Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Wheelik 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 placed on your terminals if you consent to them by continuing to browse Wheelik’s Website or mobile application. At any time, the User may nevertheless revoke his/her consent to Wheelik depositing this type of cookie.
Article 9.2. INTERNET TAGS
Wheelik may from time to time employ Internet tags (also known as 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 information, including the User’s IP address) in a foreign country.
These beacons are placed both in the online advertisements enabling Internet users to access the Site and on the various pages of the Site.
This technology enables Wheelik to evaluate 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 using these tags, compile reports on Site activity for Wheelik, and provide other services relating to the use of the Site and the Internet.
- Applicable law and jurisdiction.
Any dispute relating to the use of the Wheelik 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 Montpellier.