1. Presentation of the site
In virtue of Article 6 of the legislation of France, Act N. 2004-575 dated 21st of June 2004, for the trust in the digital economy, the identity of the different collaborators regarding the site realization and follow up is specified to the users of the www.performanceoutsidethebox.com site:
Headquarters: SIREN: 803789528. Le Neptune 52 avenue du 3 septembre – 06320 CAPE D’AIL. +33952679988
Site Creator: beoneProd.com
Responsible of the Publication: Legal Information – email@example.com
The executive director is in charge of the publication.
Domain name: OVH SAS – 2 rue Kellermann, 59100 Roubaix, France.
Website Host: O2SWITCH – 222 boulevard Gustave Flaubert, 63000 Clermont-Ferrand, France.
2. Terms of the site and the services offered
This site is normally accessible to users at all times. Interruption due to technical maintenance can be however decided by Legal Information, who will do her utmost to promptly communicate to users before the date and time of the intervention.
The PerformanceOutsidetheBox.com website is regularly updated by Legal Information Similarly, legal notices may be modified at any time. The user is invited to refer to them as often as possible to note information.
3. Description of services provided
The PerformanceOutsidetheBox.com site aims to inform you on all of the firm’s services.
Legal Information strives to provide on the PerformanceOutsidetheBox.com site, accurate information as possible. However, she cannot be held responsible for omissions, inaccuracies and deficiencies in updates, whether of her own doing or of that of any partners providing the information concerned.
All information listed on the PerformanceOutsidetheBox.com website is for indicative purposes and are subject to change. Furthermore, the information on this site is not exhaustive. They are subject to any amendments that may have been introduced since they were put online.
4. Contractual limitations on the technical data
The website will not be responsible for any material damages connected to the use of the site. In addition, the site users will ensure to access the site using the latest equipment, not containing any viruses and with a recent updated browser.
5. Intellectual property and counterfeiting
Legal Information owns the intellectual property rights or has rights to use all the items available on the site, including text, images, graphics, logos, icons, sounds and software.
Any reproduction, representation, modification, publication or adaptation of all or part of the site elements, whatever the means or process, is prohibited without the prior written permission of Legal Information.
Any unauthorized use of the site or any of its materials will be deemed to constitute an infringement and prosecuted in accordance with the Articles L.335-2 and following ones of the French Code of Intellectual property.
6. Limitations of liability
Legal Information cannot be held responsible for direct and indirect damage caused by the equipment of the user, by reaching the PerformanceOutsidetheBox.com site, and either due to using hardware that doesn’t meet the specifications stated in point 4, or of the appearance of a bug or an incompatibility.
Legal Information won’t be liable for indirect damages (such as the loss of a contract or loss of opportunity) after using the PerformanceOutsidetheBox.com website.
Interactive pages (possibility to ask questions in the « Contact » page or asking for « our expert online for strategic advice ») are available to users. Legal Information reserves the right to remove, without prior notice, any content posted in these pages that would contravene the law applicable in France, particularly the provisions relating to data protection. If necessary, Legal Information also reserves the right to question the civil and / or criminal liability of the user, in particular in case of contents with racist, offensive, defamatory, or pornographic character, whatever the medium used (text, photography …).
7. Personal information management
Personal data is protected in France by the law n ° 78-17 of January 6, 1978, the Law no. 2004-801 of August 6, 2004, the Article L. 226-13 of the Penal Code, the European Directive of October 24, 1995 and by the General Data Protection Regulation (GDPR) in Europe.
On the occasion of using the PerformanceOutsidetheBox.com site, the following can be collected: the URL links via which the user accesses this site, the user’s internet provider, the Internet Protocol (IP) address of the user.
In any event Legal Information collects personal information about the user. She also does not apply an automated decision-making process, such as profiling. The only data collected on the site are for the need of some services offered by the PerformanceOutsidetheBox.com site, provided by the user freely and in full knowledge of cause, in particular when he or she provides such information willingly. It is clearly specified on the PerformanceOutsidetheBox.com website the obligation or not to provide this information.
No data processing is outsourced. Thus, the firm PerformanceOutsidetheBox is responsible for collecting data via its online forms and for their confidentiality. They will not be shared with third parties unless the person wishes. No banking data is collected during online transactions. Several payment choices are offered accordingly.
In accordance with Articles 38 and following of the law 78-17 of January 6, 1978 relating to data, files and freedoms, every user has a right of access, rectification and opposition to personal data concerning him or her, by making a written and signed request, sending a copy of his/her identity document, stating the address where the answer should be sent to.
No personal information of the site user PerformanceOutsidetheBox.com is published without the knowledge of the user, exchanged, transferred, assigned or sold to any support to others. Only the assumption of redemption of Legal Information and of her rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of PerformanceOutsidetheBox.com website.
The site is not declared to the CNIL as it does not collect personal information.
The databases are protected by the provisions of the Law of 1 July 1998 transposing the EU Directive n° 96/9 of 11 March 1996 concerning the legal protection of databases, and in accordance with the GDPR of May 25, 2018.
8. Hypertext links and cookies
The PerformanceOutsidetheBox.com website contains a certain number of hypertext links to other sites, placed there with the authorization of Legal Information However, she cannot verify the contents of sites visited in this way, and therefore disclaims all responsibility in this regard.
Browsing the PerformanceOutsidetheBox.com website may result in the installation of cookie (s) on the user’s computer. A cookie is a small file, which cannot be used to identify the user, but which stores information relating a computer’s browsing of a site. The data obtained are intended to facilitate subsequent visits to the site and also to enable various measurements of visit frequency.
On Internet Explorer: “Tool” tab (icon at the right top) / Internet Options. Click on “Confidentiality” and select “Block All Cookies”. Confirm by clicking “OK”.
On Mozilla Firefox: at the top of the browser window, click on the “Firefox” button, then go to the “Options” tab. Click on the “Privacy” tab.
Set the conservation Rules: Use custom settings for the history. Finally uncheck it to disable cookies.
On Safari: Click at the top right of the browser on the “Menu” icon. Select “Settings”. Click on “Show advanced settings”. In the « Privacy » section, click on “Content settings”. In the « Cookies » section, you can block cookies.
On Chrome: Click at the right top of the browser on the “Menu” icon (symbolized by three horizontal lines). Select “Settings”. Click on “Show advanced settings”. In the « Privacy » section, click on “Preferences”. In the « Privacy » tab, you can block cookies.
9. Applicable law and attribution of jurisdiction
Any dispute in connection with the use of the PerformanceOutsidetheBox.com website is subject to French law.
Exclusive jurisdiction is granted to the competent courts of Paris.
10. The main laws concerned
Law No. 78-17 of 6 January 1978, as amended namely by the Act No. 2004-801 of August 6, 2004 relating to computing, files and liberties. All information, collected via online forms, is subject to computer processing, intended solely for the controller to respond to users and will never be used for transmission purposes to partners.
Act No. 2004-575 of 21 June 2004 to support confidence in the digital economy.
From 25 May 2018, the General Data Protection Regulation (GDPR) is effective on this website and applies to all personal data processing of individuals in the European Union.
User: Web User connecting, using the aforementioned site.
Personal information: « information that enables in any form whatsoever, directly or indirectly, the identification of individuals to which they apply » (Article 4 of the Law No. 78-17 of 6 January 1978).