ARTICLE 1. PRESENTATION OF THE WEBSITE
The purpose of the FoalR website is :
To bring together owners and/or distributors of stallions and their customers.
ARTICLE 2. CONTACT
For any question or request for information concerning the website, or any report of illegal content or activities, the user can contact the editor at the following e-mail address: contact@foalr.com or send a registered letter with acknowledgement of receipt to SAS Foalr - 2020 route de Trouville, 14270 Belle Vie en Auge, France.
ARTICLE 3. ACCEPTANCE OF THE TERMS OF USE
Access to and use of the website are subject to acceptance of and compliance with these General Terms of Use.
The publisher reserves the right to modify, at any time and without prior notice, the website and services as well as these Terms of Use, in particular in order to adapt to changes in the website by making new features available or deleting or modifying existing features.
The user is therefore advised to refer to the latest version of the GCU before any browsing, which can be accessed at any time on the site. In the event of disagreement with the GCU, the user may not use the website.
ARTICLE 4. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the website 24 hours a day, 7 days a week. Nevertheless, it may at any time suspend, limit or interrupt access to the website or to certain pages of the website in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the website.
These GCU apply, as necessary, to any variation or extension of the website on existing or future social and/or community networks.
ARTICLE 5. WEBSITE MANAGEMENT
For the proper management of the website, the publisher may at any time:
- Suspend, interrupt or limit access to all or part of the website, reserve access to the website, or to certain parts of the website, to a specific category of Internet user;
- Delete any information that may disrupt the operation of the website or that contravenes national or international laws or the rules of Netiquette;
- Suspend the website in order to carry out updates.
ARTICLE 6. SERVICES RESERVED FOR REGISTERED USERS
1. Registration
Access to certain services is conditioned by the user's registration.
Registration and access to the website's services are reserved exclusively for capable natural persons who have completed and validated the registration form available online on the FoalR website, as well as these General Conditions of Use.
When registering, the user undertakes to provide accurate, sincere and up-to-date information on his/her person and his/her civil status. The user must also regularly check the data concerning him/her in order to maintain its accuracy.
The user must therefore provide a valid e-mail address, to which the website will send him/her a confirmation of his/her registration to its services. An e-mail address cannot be used more than once to register for services.
Any communication made by FoalR and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to reply within a reasonable time if necessary.
Only one registration to the services of the website is allowed per individual.
The user is given an identifier (his/her e-mail address) allowing him/her to access a space reserved for him/her (hereinafter "Personal Space"), in addition to entering his/her password.
The username and password can be changed online by the user in his Personal Space. The password is personal and confidential, and the user undertakes not to communicate it to third parties.
FoalR reserves in any case the right to refuse a request for registration to the services in case of non-compliance by the user with the provisions of these General Conditions of Use.
2. Deregistration
The regularly registered user may at any time request to unsubscribe by going to the dedicated page in his or her Personal Space. Any de-registration from the website will be effective after the user has sent his request by e-mail to the address contact@foalr.com, within one week.
3. Deletion of the personal space at the initiative of the website editor
The user is informed that the publisher reserves the right to delete the personal space of any user who contravenes the present conditions of use, and more particularly in the following cases
- If the user makes an illicit use of the website;
- If the user, when creating his/her personal space, voluntarily transmits erroneous information to the website;
- If the user has not been active on his/her personal space for at least one year.
If the editor decides to delete the user's personal space for one of these reasons, this will not constitute damage for the user whose account has been deleted.
This deletion does not constitute a waiver of any legal action that the publisher may take against the user who has violated these rules.
ARTICLE 7. RESPONSIBILITIES
The publisher is only responsible for the content that he has himself edited.
The publisher is not responsible:
- In the event of technical or computer problems or failures or the compatibility of the website with any hardware or software whatsoever;
- Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the website or its services;
- The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it;
- Illicit content or activities using its website, without its having been duly informed of them within the meaning of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.
Furthermore, the website cannot guarantee the accuracy, completeness and topicality of the information published on it.
The user is responsible for:
- The protection of their equipment and data;
- The use of the website or its services;
- If he/she does not respect the letter or the spirit of the present GTU.
ARTICLE 8. HYPERTEXT LINKS
The website may contain hypertext links to other websites over which FoalR has no control. In spite of the prior and regular checks carried out by the publisher, the latter declines all responsibility for the contents that may be found on these sites.
The publisher authorises the creation of hyperlinks to any page or document on its site, provided that these links are not set up for commercial or advertising purposes.
In addition, prior information from the site editor is required before any hypertext link is set up.
Excluded from this authorisation are websites disseminating information of an illicit, violent, polemical, pornographic or xenophobic nature, or which may offend the sensibilities of the majority of people.
Finally, FoalR reserves the right to remove at any time a hypertext link pointing to its website, if the website considers it not in conformity with its editorial policy.
ARTICLE 9. CONFIDENTIALITY
1. Data collected and processed, and method of data collection
In accordance with the provisions of Article 5 of the European Regulation 2016/679, the collection and processing of the data of the users of the site respect the following principles:
- Lawfulness, fairness and transparency: data may only be collected and processed with the consent of the user who owns the data. Whenever personal data is collected, the user will be informed that his or her data is being collected, and for what purpose the data is being collected;
- Limited purposes: the collection and processing of data is carried out to meet one or more of the purposes set out in these general terms of use;
- Minimisation of data collection and processing: only the data necessary for the proper execution of the purposes pursued by the site are collected;
- Integrity and confidentiality of the data collected and processed: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.
In order to be lawful, and in accordance with the requirements of Article 6 of the European Regulation 2016/679, the collection and processing of personal data may only take place if it complies with at least one of the conditions listed below:
- The user has expressly consented to the processing;
- The processing is necessary for the proper performance of a contract;
- The processing is in accordance with a legal obligation;
- The processing is necessary for the protection of the vital interests of the data subject or of another natural person;
- Processing may be necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
- The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.
The personal data collected on the FoalR website are the following:
- Connection and usage data of the site
- Computer equipment used for navigation
- IP address
- Password
- First name
- Last name
- Postal address
- E-mail address
- Telephone number
This data is collected when the user performs one of the following operations on the website:
- When the user browses the website
- When the user creates a personal account
The data controller will keep all the data collected in its computer systems on the website under reasonable security conditions, unless the user requests its deletion before the expiry of this period.
The data is collected and processed for the following purposes
- to enable browsing on the Site and the management and traceability of services ordered by the user
- to prevent and fight against computer fraud (spamming, hacking, etc.)
- to improve navigation on the Website
- to conduct optional satisfaction surveys
- to carry out communication campaigns (sms, e-mail)
2. Data hosting
As mentioned above, the FoalR website is hosted by : Equideclic, whose headquarters are located at the following address
60 rue de l'Ormelet, 14790 Mouen, France
The host can be contacted at the following telephone number: +33(0)231855961
The data collected and processed by the website are exclusively hosted and processed in France.
3. The person responsible for processing the data
The person responsible for processing personal data is: Frédéric Jubelin. He can be contacted as follows:
The data controller can be contacted by e-mail at the following address: contact@foalr.com
4. Personal data of minors
In accordance with the provisions of Article 8 of the European Regulation 2016/679 and the French Data Protection Act, only minors aged 15 or over may consent to the processing of their personal data.
If the user is a minor under the age of 15, the consent of a legal representative will be required in order for personal data to be collected and processed.
5. User's rights and procedures for the implementation of user's rights
In accordance with the regulations concerning the processing of personal data, the user has the following rights.
In order for the data controller to comply with the user's request, the user is obliged to provide the data controller with his first and last name and e-mail address and, if relevant, his account number or personal space or subscriber number.
The data controller is obliged to respond to the user within a maximum of 30 (thirty) days.
a. Right of access, rectification and right to be forgotten
The user may access, update, modify or request the deletion of data concerning him/her, in accordance with the procedure set out below:
The user must send an e-mail to the Personal Data Controller, specifying the subject of the request and using the contact e-mail address provided above.
If he/she has one, the user has the right to request the deletion of his/her personal space by sending an e-mail to contact@foalr.com
b. Right to limit and oppose the processing of data
Finally, the user has the right to request the limitation of or to oppose the processing of his/her data by the website, without the website being able to refuse, unless it can demonstrate the existence of legitimate and compelling reasons, which can prevail over the interests and rights and freedoms of the user.
c. Right to determine the fate of data after death
The user is reminded that he/she can organise what should be the fate of his/her collected and processed data if he/she dies, in accordance with the law n°2016-1321 of 7 October 2016.
d. Right to refer to the competent supervisory authority
In the event that the data controller decides not to respond to the user's request, and the user wishes to contest this decision, he/she is entitled to refer the matter to the CNIL (Commission Nationale de l'Informatique et des Libertés, https://www.cnil.fr) or any competent judge.
6. Obligations of the data controller
The data controller undertakes to protect the personal data collected, not to pass it on to third parties without the user's knowledge and to respect the purposes for which the data was collected.
The site has an SSL certificate to ensure that the information and data transfer through the site is secure.
Furthermore, the data controller undertakes to notify the user in the event of rectification or deletion of the data, unless this would entail disproportionate formalities, costs and steps for the user.
In the event that the integrity, confidentiality or security of the user's personal data is compromised, the data controller undertakes to inform the user by any means.
ARTICLE 10. COOKIES
1. User consent to the use of "Cookies" by the website
The site may use "cookies" techniques to process statistics and information on traffic, to facilitate navigation and to improve the service for the user's comfort. For the use of "cookies" files involving the storage and analysis of personal data, the user's consent is necessarily requested.
When you visit our website for the first time, an information banner will be displayed asking you whether or not you wish to accept the use of cookies, which will be activated after your acceptance. This banner informs you that your continued visit to our website constitutes your agreement to the use of cookies on your browser.
2. User's objection to the use of cookies by the website
The user is informed that he/she can oppose the recording of these "cookies" by configuring his/her browser software.
If the user decides to deactivate the "cookies" files, he/she will be able to continue browsing the website. However, any malfunction of the site caused by this manipulation could not be considered as being due to the site editor.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the website, as well as the texts, graphics, images, photographs, sounds, videos and computer applications that make it up, are the property of the publisher and are protected as such by the laws in force with regard to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the website, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L. 335-2 et seq. of the Intellectual Property Code. With the exception of elements expressly designated as free of rights on the website.
Access to the website does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the website, which remain the exclusive property of the publisher.
It is forbidden for the user to introduce data on the site that would modify or be likely to modify its content or appearance.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
The present General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.