Customer: any professional or capable natural person 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: beapi. fr provides Customers with :
Content: All the elements making up the information on the Site, in particular text - images - videos.
Customer information: Hereinafter referred to as "Information (s)" which correspond to all personal data that may be held by beapi. fr for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned 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 January 6, 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)
1. Website presentation.
In accordance with article 6 of French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the beapi. fr website are informed of the identity of the various parties involved in its creation and follow-up:
Owner: SAS BE API Capital social de 510€ Numéro de TVA: FR39514178094 - 9 rue des Colonnes 75002 PARIS
Responsible for publication: email@example.com - firstname.lastname@example.org
The person responsible for publication is a natural person or a legal entity.
Webmaster: Amaury BALMER - email@example.com
Host: o2switch - 222 Bd Gustave Flaubert, 63000 Clermont-Ferrand
Data Protection Officer: Amaury BALMER - firstname.lastname@example.org
2. 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 beapi. fr website implies full 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 beapi. fr website are therefore advised to consult them regularly.
This website is normally accessible to users at all times. However, beapi.fr may decide to interrupt the site for technical maintenance purposes, and will endeavor to inform users of the dates and times of such interventions in advance.
The beapi.fr website is regularly updated by beapi. fr responsable. 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 take cognizance of them.
3. Description of services provided.
The purpose of the beapi. fr website is to provide information about all the company's activities.
beapi. fr strives to provide information on the beapi. fr website that is as accurate as possible. However, beapi.fr cannot be held responsible for any omissions, inaccuracies or failure to update information, whether caused by beapi.fr or by third-party partners supplying such information.
All information on the beapi.fr website is provided for information purposes only and is subject to change. Furthermore, the information contained on the beapi. fr website is not exhaustive. It is subject to modifications having been made since it was put online.
4. Contractual limitations on technical data.
The website cannot be held responsible for any material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a browser of the latest generation updated
The site beapi.fr is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679)
The aim is to provide a service that ensures the best possible level of accessibility. The host ensures continuity of 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.
beapi.fr and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephony equipment, particularly due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
beapi.fr 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 the process used, is prohibited, except prior written authorization of: beapi.fr.
Any unauthorized use of the site or of any of the elements it contains will be considered as counterfeiting and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitation of liability.
beapi.fr cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing the beapi.fr website, 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.
beapi.fr cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the beapi.fr website.
Interactive areas (possibility of asking questions in the contact area) are available to users. beapi.fr reserves the right to delete, without prior notice, any content posted in this area which contravenes French legislation, in particular data protection provisions. Where applicable, beapi.fr 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, whatever the medium used (text, photographs, etc.).
7. Personal data management.
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the person responsible for processing Personal Data is: BE API. beapi.fr isrepresented by Amaury BALMER, its legal representative.
As the party responsible for processing the data it collects, beapi. fr 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 with complete information on the processing of their personal data, once their consent has been obtained, and to maintain an accurate register of processing.
Whenever beapi.fr processes Personal Data, beapi.fr takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which beapi.fr processes them.
7.2 Purpose of the data collected
beapi. fr may process some or all of the following data:
- to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, billing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc.
- to improve browsing on the Site: connection and usage data
- to conduct optional satisfaction surveys on beapi.fr: email address
- for communication campaigns (sms, e-mail): telephone number, e-mail address
beapi.fr does not sell your personal data, which is only used for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, users of beapi.fr have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users' data right to block or erase Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.
- right to withdraw consent at any time (article 13-2c RGPD)
- right to limit the processing of Users' data (Article 18 RGPD).
- right to object to the processing of Users' data (Article 21 RGPD).
- 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 RGPD)
- the right to determine what happens to Users' data after their death, and to choose to whom beapi. fr will communicate (or not) their data to a third party that they have previously designated
As soon as beapi.fr becomes aware of a User's death, and in the absence of any instructions from the User, beapi. fr undertakes to destroy the User's data, unless its retention is necessary for evidential purposes or to comply with a legal obligation.
BE API - DPO, Amaury BALMER
118/130 avenue Jean Jaurès 75019 PARIS.
In this case, the User must indicate the Personal Data that he would like beapi. fr to correct, update or delete, identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on beapi. fr by law, in particular as regards the retention or archiving of documents. Finally, users of beapi.fr 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
beapi. fr will not process, host or transfer Information collected about its Customers to a country outside the European Union or recognized as "not adequate" by the European Commission without informing the Customer in advance. For all that, beapi. fr remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
beapi.fr undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if beapi.fr becomes aware of an incident affecting the integrity or confidentiality of the Customer's Information, it must inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore, beapi.fr does not collect any "sensitive data".
The User's Personal Data may be processed by beapi. fr 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 mentioned above, the main persons likely to have access to beapi. fr Users' data are mainly our customer service agents.
8. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security.
Should we become aware of a security breach, 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 their account security, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.
No personal information concerning the user of the beapi.fr website is published without the user's knowledge, nor is it exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of beapi.fr 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 site beapi.fr.
To ensure the security and confidentiality of Personal Data and Personal Health Data, beapi. fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, beapi.fr takesall reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The beapi.fr website contains a number of hyperlinks to other sites, set up with the authorization of beapi.fr. However, beapi.fr is not in a position to check the content of sites visited in this way, and consequently assumes no responsibility 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 provided below, although this may reduce or prevent access to all or part of the Services offered by the site.
A "cookie" is a small data file sent to the User's browser and stored on the User's terminal (e.g. computer, smartphone), (hereinafter "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.
beapi.fr may process information concerning the User's visit to the Site, such as the pages consulted and searches carried out. This information enables beapi.fr 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, are rejected, either systematically or according to their sender. The User may also configure his 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 terminal. beapi.fr informs the User that, in this case, it is possible that not all the functionalities of his browser software will be available.
If the User refuses to accept cookies on his or her terminal or browser, or if the User deletes cookies stored on his or her terminal or browser, the User is informed that his or her browsing and experience on the Site may be limited. This may also be the case when beapi.fr or one of its service providers cannot recognize, 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, beapi.fr declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by beapi.fr, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for beapi.fr to record or consult the Cookies necessary for their operation due to the User's choice. To manage Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will indicate how the User can modify his or her wishes with regard to Cookies.
At any time, the User may choose to express and modify his/her wishes with regard to Cookies. beapi.fr 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 social networks Twitter, Facebook, Linkedin and Google Plus appearing on the beapi. fr Website or in its mobile application, and if the User has accepted the deposit of cookies by continuing to navigate on the beapi.fr Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on the beapi.fr website or mobile application. However, Users may withdraw their consent to beapi. fr depositing this type of cookie at any time.
Article 9.2. INTERNET TAGS
beapi.fr may occasionally employ web beacons (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a specialist web analytics partner who may be located (and therefore store related information, including the User's IP address) in a foreign country.
These beacons are placed both in online advertisements enabling Internet users to access the Site, and on the various pages of the Site.
This technology enables beapi. fr 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 beapi.fr, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
All disputes arising in connection with the use of the beapi. fr website are subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Paris.