TERMS AND CONDITIONS OF USE FOR THE DEFHY SITE

1 ADMINISTRATION DU SITE, REDACTION, DES TEXTES ET CONTENUS :

SARL DÉFI SYSTÈMES - 61 Rue Arsène d'Arsonval, 30900 Nîmes with a capital of 260 000€

The director of publication is Mr. David SORIANO, Sales Director

E-mail address : contact@defhy.fr - Telephone : 04 66 68 10 85

Registration number : B 398 628 123

Intra-community VAT number : FR93 398 628 123

Hosting : Head office : OVH - 2 Rue Kellermann - 59100 ROUBAIX - France - Phone : 09 72 10 10 07

Graphic design and site concept : Love My Name - Communication and branding agency Nîmes

Integration : Love My Name

In accordance with the provisions of articles 39 and 40 of the law "Informatique et Libertés" of January 6, 1978 modified in 2004, the user benefits from a right of access, rectification, update and deletion of the information which concerns him/her, which he/she can exert by addressing to benoit.lecomte@defisystemes.fr, or by mail to our address, by specifying in the object of the mail "Right of the People" and by joining a copy of his/her proof of identity.

As before, you also have the right to give instructions on the fate of your data after your death. That is to say that, in accordance with the provisions of Article 38 of the law "Informatique et Libertés" of January 6, 1978 amended in 2004, the user may also object, for legitimate reasons, to the user’s data being processed and without reason and without charge, to the user’s data being used for commercial prospecting purposes.

The user is informed that during his/her visits to the site www.defhy.fr, a cookie may be automatically installed on his browser. The information collected on this site will be kept for a period of three years.


2 GDPR POLICY :

2.1 PREAMBLE

Within the framework of the use of this Internet site and the associated services, the User, after his or her consent has been obtained for this purpose (when accessing the Internet site, a pop-up appears requesting consent), and in compliance with the provisions below, has some of his or her personal data collected by DÉFI SYSTÈMES.

According to European regulations, personal data (hereinafter referred to as "personal data") refers to any information likely to relate to an identified or identifiable individual. The implementation of automated processing of personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, hereinafter referred to as the GDPR (General Data Protection Regulation).

DÉFI SYSTÈMES undertakes to take all necessary measures to respect the confidentiality of the User's personal data. Personal data is kept secure and is only accessible by our employees or service providers who need it and who are required to keep it confidential.

This Policy is intended to provide the information necessary for the User to understand the various processes that we carry out in order to carry out our missions and to provide the most appropriate services.


2.2 DEFINITIONS

Personal Data : any information relating to an identified or identifiable individual.

User : means any natural person whose personal data is subject to processing whose purpose and means have been defined by the data controller.

Controller: means the natural or legal person who determines the purposes and means of the processing.

Sub-processor : means the natural or legal person who processes personal data on behalf of the Controller.

Processing: any operation or set of operations carried out or not by means of automated processes and applied to data or sets of data applied to personal data or sets of personal data.

Transfer : any communication, copy or movement of personal data to be processed in a country outside the European Union.

Breach of Personal Data: A breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.


2.3 WHAT ARE THE FIELDS OF APPLICATION OF THE RGPD POLICY?

DÉFI SYSTÈMES, as the Data Controller, informs the Users of its Internet site in a transparent manner about the processing of personal data that may be carried out.


2.4 WHAT PERSONAL DATA IS PROCESSED BY DÉFI SYSTÈMES?

DÉFI SYSTÈMES takes care to collect and process only data that is strictly necessary for the purpose for which it is processed, in accordance with the principle of data minimization.
In particular, the DEFHY internet site only uses cookies that are strictly necessary for navigation. On the other hand, personal data may be collected:

• When requesting information on technical and commercial offers, or any other request via the "Contact" section of our website. This is identification and contact data as well as any other data provided at the initiative of the User.


2.5 WHO IS/ARE THE PERSON(S) RESPONSIBLE FOR PROCESSING YOUR PERSONAL DATA?

DÉFI SYSTÈMES is the Data Controller of your personal data.


2.6 FOR WHAT PURPOSES DOES DÉFI SYSTÈMES COLLECT YOUR PERSONAL DATA?

DÉFI SYSTÈMES undertakes to collect only the data that is strictly necessary to carry out the Processing and not to divert this data from the purpose for which it was initially collected.
Personal data may be processed for the following purposes:

• The management of applications in the context of recruitment, collected via the "Join Us" section of our website (management of applications for a job offer, internship/work-study programme, or unsolicited applications),

• The management of cookies such as the improvement of the ergonomics of the website,

• The management of requests for information, technical or commercial offers, or any other
request via the "Contact" section of our website.


2.7 WHAT IS THE LEGAL BASIS FOR OUR PROCESSING?

The processing of personal data is based on the consent of the User wishing to use additional services via our website, such as the submission of applications, requests for information, ... The User is informed that the provision of this data is not regulatory or contractual.


2.8 TO WHOM CAN YOUR PERSONAL DATA BE COMMUNICATED ?

The personal data may be transmitted, depending on the processing concerned, to the following recipients:

• To agents, service providers, subcontractors and third party consultants (e.g. to perform IT maintenance or to provide HR related support),

• To DÉFI SYSTÈMES subcontractors within the framework of a subcontractor agreement that requires the service provider to respect the principles of the GRDP,

• To government authorities, courts, and law enforcement agencies, when necessary and to comply with applicable laws and regulations,

• To any other party in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or part of our business, assets, or stock.

Your Personal Information is shared only with those who have a need to know. We do not disclose your Personal Data to parties who are not authorized to process it.

There is no Transfer of Personal Data outside the European Union.


2.9 HOW LONG IS YOUR PERSONAL DATA KEPT?

The length of time your Personal Data is kept depends on the processing carried out.
DÉFI SYSTÈMES undertakes to keep your personal data only as long as strictly necessary and solely for the processing mentioned above and therefore for your use of the service, increased by the period of retention imposed by the rules applicable to legal requirement.

2.10 HOW IS YOUR PERSONAL DATA PROTECTED ?

DÉFI SYSTÈMES undertakes to take all measures to ensure the security and confidentiality of your Personal Data and to prevent it from being damaged, deleted or accessed by unauthorized third parties.

Only authorized persons may access the data. Any personnel of subcontractors are always accompanied and supervised by a DÉFI SYSTÈMES employee and/or the IT Systems Department (DSI) when they access the data servers.

We are constantly improving our security procedures as technologies evolve in order to maintain a maximum level of protection. Our staff and those of our contractors who have access to Personal Data are contractually bound to confidentiality.

Organizational measures include limiting access to Personal Data to authorized persons with a legitimate interest in knowing them.

Furthermore, in the event of a security incident affecting your Personal Data (destruction, loss, alteration or disclosure), DÉFI SYSTÈMES ensures that it complies with the obligation to notify violations of Personal Data, in particular to the CNIL.


2.11 WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA ?

You may at any time exercise the rights provided for by the regulations in force applicable to Personal Data, subject to meeting the conditions and depending on the basis for the processing of the data concerned:

• Right of access: you may ask what Personal Data is being processed by DÉFI SYSTÈMES based on your consent,

• Right of rectification: you may update or rectify your Personal Data processed by DÉFI SYSTÈMES based on your consent,

• Right to object: you may express your wish that your Personal Data no longer be processed if the Processing is based on your consent (withdrawal of consent) or on contractual performance (contractual waiver clause) as well as in the event of Processing carried out in the legitimate interests of DÉFI SYSTÈMES. On the other hand, you may not object to Processing carried out in the context of a legal obligation incumbent on DÉFI SYSTÈMES or the performance of a public service mission which presents compelling and legitimate reasons that take precedence over your rights and freedoms,

• Right to erasure: you may request the deletion of your Personal Data, subject to the legal retention period, if the Processing is based on your consent (withdrawal of consent) or on the performance of a contract (contractual waiver clause) as well as in the case of Processing carried out in the legitimate interests of DÉFI SYSTÈMES. On the other hand, you may not request the deletion of data from a Processing carried out in the context of a legal obligation or the performance of a public service mission incumbent on DÉFI SYSTÈMES,

• Right to limitation: you may request the suspension of the Processing of your Personal Data based on your consent, legal obligation, contractual performance, or the legitimate interest of DÉFI SYSTÈMES if you have a request for rectification, erasure or objection in progress or if you consider the Processing unlawful but DÉFI SYSTÈMES opposes the erasure of your Personal Data,

• Right to portability: you may ask DÉFI SYSTÈMES to recover your Personal Data to dispose of it only if the Processing is based on your consent or the performance of a contract. You may not benefit from the right to portability if the Processing is carried out in the context of a legal obligation, the performance of a public service mission or in the legitimate interest of DÉFI SYSTÈMES.


2.12 HOW TO EXERCISE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?

Requests relating to the exercise of your rights should be addressed to the head office, at the address specified in the legal notice, for the attention of the Data Protection Officer. Any request that is not made in a manner that leaves no doubt as to the identity of the applicant must be accompanied by a copy of a proof of identity.

DÉFI SYSTÈMES undertakes to respond to your requests to exercise your rights as soon as possible and at the latest within one month of receiving your request and insofar as the exercise of these rights does not hinder the performance of the contract or compliance with legal and regulatory obligations. If necessary, this period may be extended by two months in the event of complexity and/or a large number of requests.

You can contact our Data Protection Officer as follows:
Postal address : DÉFI SYSTÈMES - 61 Rue Arsène d'Arsonval - 30900 Nîmes
Email : benoit.lecomte@defisystemes.fr

Furthermore, you have the possibility of lodging a complaint with the CNIL by sending your requests to the site : www.cnil.fr/fr.plaintes/internet/


2.13 APPLICABLE LAW

The confidentiality policy is subject to French law and constitutes the entire agreement between DÉFI SYSTÈMES and the User. In the event of a dispute concerning the validity, interpretation and/or application of the policy, it shall be subject to the jurisdiction of the courts of Nîmes.


3 INTELLECTUAL PROPERTY

The elements making up the Site, developed by DÉFI SYSTÈMES or on its behalf (hereinafter referred to as "the Content"), are protected by the legislation applicable to copyright, trademark law, design law and unfair competition.

The Content includes, but is not limited to, the general structure, the graphic charter (including colors, fonts and the graphic organization of the screens), as well as all the information and elements included, available or accessible on and/or through the Site, such as, in particular, the texts, articles, photographs, illustrations, images, trademarks and logos, data, databases and all sound elements (such as voices, music or sound effects) and fixed or animated visual elements (such as graphic animations or audiovisual sequences), specific software developments, downloadable programs.

The Content is the exclusive property of DÉFI SYSTÈMES, its technical service providers or any other third party having authorized DÉFI SYSTÈMES to use it.

The mention of links or trademarks, names, services, domain names and names of companies other than DÉFI SYSTÈMES in no way implies the existence of any association between DÉFI SYSTÈMES and these companies, products or services, trademarks, company names involved.

Any representation, modification, reproduction, distortion, whether total or partial, of all or part of the Site or its Contents, by any process whatsoever, and on any medium whatsoever, is prohibited and would constitute an infringement of intellectual property rights.

Any use of all or part of the Content must be expressly authorized in writing by DÉFI SYSTÈMES, by sending a written request to contact@defhy.fr

In any case, and subject to the above, in the event of reproduction, representation, distribution and/or exploitation of all or part of the Content, the source (the Site and DÉFI SYSTÈMES) must be clearly indicated, as well as, if applicable, the name of the author.

Any person who does not respect the applicable legal provisions is guilty of the offence of counterfeiting and is liable to the penal sanctions provided for by law, notwithstanding any other recourse by DÉFI SYSTÈMES. The fact that DÉFI SYSTÈMES does not initiate proceedings as soon as it becomes aware of unauthorized use does not mean that it accepts the said use and waives its right to prosecution.