General conditions of use and legal notice

Article 1 - Preamble and purpose

The websites whympr.com and get.whympr.com (hereinafter the "WEBSITE") are the exclusive property of the simplified joint stock company WHYMPR, whose registered office is located at 289 Chemin du Clos du Savoy - 74400 CHAMONIX - MONT-BLANC, registered under the number RCS 829 892 207, represented by Mr. Timothy MacLean in his capacity as President (hereinafter "WHYMPR").

Email address: info@whympr.com

These terms and conditions of use are intended to apply to any person browsing the SITE (hereinafter referred to as the "WEBSITE" or collectively "the WEBSITE").

By using the SITE, the INTERNET USER expressly acknowledges that he/she is bound by, accepts and complies with these general terms and conditions of use (hereinafter referred to as the "GTCU"), as defined below.

Article 2 - Information presented on the SITE

The photographs and images on the SITE are non-contractual.

Article 3 - Links to other sites

The SITE may contain hyperlinks or otherwise point to web sites or web pages operated by third parties. WHYMPR is not responsible for the content or features of such websites. WHYMPR's provision of links does not imply any endorsement of the content of such web sites or pages.

Article 4 - Guarantees and responsibilities

WHYMPR disclaims all liability including:

  • for any interruption in the operation of the SITE;
  • for any bug occurrence;
  • for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the SITE;
  • if one of the hypertext links referenced on the SITE were to provide content contrary to propriety and the laws in force.

In general, WHYMPR declines all responsibility for any damage, material or immaterial, direct or indirect, whatever the causes, origins, nature or consequences, including in particular the loss of profits, customers, data or any other loss of intangible goods that may occur as a result of anyone's access to the SITE or the impossibility of accessing it, or of the credit given to any information originating directly or indirectly from the latter.

The INTERNUTES declare that they know and understand the Internet, its hazards and limitations and in particular its functional characteristics and technical performance, the risks of interruption, the response times for consulting, querying or transferring information, the risks, whatever they may be, inherent in any connection to the network.

Article 5 - Intellectual Property

The layout, structure and graphic and textual elements of the SITE are the property of WHYMPR and are subject to intellectual property laws.

The use of the SITE does not confer any rights to the INTERNAUTES. These rights remain the exclusive property of WHYMPR.

Thus, all texts, data, logos, images, photographs, trademarks (without this list being exhaustive) reproduced on the SITE are reserved and protected by the Intellectual Property Code, in particular copyright, trademark law, etc. Any use and/or reproduction is prohibited and constitutes an infringement punishable under the provisions of the said Code.

Consequently, the INTERNAUTES may not, under any circumstances and in any way, reproduce, represent, distribute, market, or concede all or part of any of the elements reproduced on the WEBSITE and all or part of the WEBSITE in general, without WHYMPR's prior and express consent.

In addition, INTERNAUTES are prohibited from making copies of the SITE without the prior authorization of WHYMPR.

Any illicit use of all or part of the SITE may result in prosecution.

The creation of a link to the SITE requires prior written authorization from WHYMPR.

Article 6 - Personal data

Typology of data collected:

The personal data collected and further processed by WHYMPR are those which the INTERNAUTES voluntarily transmit via the SITE to WHYMPR, or which have been the subject of a previous special collection subject to authorization.

Purpose of collecting personal data:

The INTERNAUTES authorize WHYMPR to save this personal information in a file of WHYMPR, in order to perform its service, automated profiling of the INTERNAUTES, customer management, market research, commercial or promotional offers.  

Transmission of data to third parties:

The data collected may be, insofar as necessary, transmitted to our service providers (IT service providers, hosts, deliverers ...) in order to respond favorably to the requests of the INTERNAL.

No transfer of the INTERNALIST's personal data is made outside the European Union.

The INTERNET USER agrees that WHYMPR may use the personal data for its own commercial prospecting.

Length of data retention:

The data is stored and kept for the time strictly necessary to achieve the above purposes.

Right of access and rectification :

The INTERNAUTES are informed that, in accordance with the French and European regulations in force, they have the following rights subject to proving their identity:

  • The right to object, for legitimate reasons, to the processing of personal data other than those specified herein to which he/she has consented;
  • The right to object, free of charge, to current or future commercial processing of the data collected by the controller;
  • The right to be informed about the processing of personal data;
  • The right to obtain information on the processing of personal data managed by WHYMPR and any information that allows to know and, if necessary, to challenge the logic behind the processing of such data;
  • The right to obtain a copy of the personal data concerning him/her, as well as a right to rectify, portability, update or deletion of all or part of the said data;

For any question or request relating to the protection of privacy, INTERNAUTES may contact WHYMPR at the following address: info@whympr.com or by mail at the following address: 289 Chemin du Clos du Savoy, 74400 Chamonix.

The Internet user is informed that if he does not wish to be the subject of commercial prospecting by telephone he can register free of charge on a list of opposition to canvassing, for example: www.bloctel.gouv.fr.

Complaint to the competent authority:

If the INTERNET USER considers that WHYMPR does not respect its obligations with regard to his personal data, he is reminded that he can address a complaint or a request to the competent authority.

It is reminded that in France, the competent authority is the CNIL to which the INTERNALIZER can send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.

Article 7 - Cookies

A cookie is a text file installed on the hard disk of the connection terminal, at the request of the site consulted by a browser. It records information relating to Internet browsing and allows the site to determine whether the browser has already been connected before. Its retention period is defined by the site operator and may be limited to the browsing session on the site in question or longer.

In accordance with the Ordinance of August 24, 2011 on the application of European directives on the protection of privacy on the Internet, a cookie may not be implanted on the computer of INTERNAUTES without their prior consent.

Moreover, the INTERNAUTES have the possibility to refuse the implantation of "cookies" by configuring their browser in the following way:

  • If you are using Internet Explorer 6 (Microsoft): click on "Tools", "Internet Options", "Privacy". Click on the "advanced" button, check the "Ignore automatic cookie management" box, check the two "refuse" boxes, then validate. (IE must be closed for the configuration to be taken into account);
  • If you are using Firefox 1.5 (Mozilla): Click "Tools", "Options", "Privacy", "Cookies" tab. Uncheck "Allow sites to set cookies".
  • If you are using Firefox 2 (Mozilla): Click on "tools", "options", "privacy". Uncheck "accept cookies" or click on the "exceptions" button and enter the name of the site and click on "block".
  • If you are using Google Chrome: Click "Settings" in the browser toolbar, then "Show advanced settings". In the "Privacy" section, click "Content Settings". In the "Cookies" section, choose "Block cookies by default".
  • If the INTERNET USER is browsing on Safari: In the menu bar, choose "Edit", then click "Preferences...", choose the "Security" icon and check the "Never" option.

INTERNAUTES can thus oppose the recording of cookies by following the procedure described above, depending on their browser.

However, it is specified that the INTERNAUTES will not be able to benefit from certain functionalities of the SITE if they do not accept the implantation of cookies, in particular: the navigation preferences, the access to personalized services...

The SITE may link to "social plugins" (Facebook, Twitter, Youtube, Viadeo, Likedin...) which allow to recommend content, to use profile data for comments, to register or to fill in forms or to display content from social sites.

WHYMPR is not responsible for the implementation by the social network(s) of third-party cookies on the computer of the INTERNAUT.

Article 8 - Security

WHYMPR takes special care to protect the personal data of INTERNAUTES against any form of damage, loss, misappropriation, intrusion, disclosure, alteration or destruction.

This vigilance is carried out :

  • by the use of cryptographic means in data transmission (SSL);
  • by a commitment of strict confidentiality of the WHYMPR staff who would have access to the personal data of the INTERNAUTES;
  • by data backups.

Article 9 - Modifications to the present general conditions of use

WHYMPR reserves the right to modify the provisions of these terms and conditions of use at any time and without notice. INTERNUTES will automatically be bound by such changes and should therefore periodically review their use of the SITE to ensure compliance with these terms and conditions.

Article 10 - Applicable Law and Jurisdiction

The operation and use of the Site are subject to French law.

In the event of a dispute concerning the use or the content of the Site, the INTERNET USER is informed that he/she may have recourse to a consumer mediator free of charge, after failure of an attempt at amicable settlement directly with WHYMPR, in accordance with the provisions of the Consumer Code.

The INTERNAL USER will find information on this subject on the following site: http: //www.economie.gouv.fr/mediation-conso/saisir-mediateur

In the absence of mediation, the jurisdictional competence is that of the French courts. The competent court will be designated according to the rules of procedure in force in France.

LEGAL NOTICES

Site editor :

WHYMPR Company,

A simplified joint stock company whose registered office is located at 289 Chemin du Clos du Savoy - 74 400 CHAMONIX - MONT-BLANC,

Registered under number RCS ANNECY 829 892 207 in the Annecy Trade and Companies Register

Tel +336 77 93 23 47

Email address : info@whympr.com

Director of Publication:

Mr. Timothy Mac Lean

Hosted by :

The SITE is hosted by the company DigitalOcean LLC,

DigitalOcean LLC is headquartered at 101 Avenue of the Americas 10th Floor New York, NY 10013 United States,

Registered in Delaware (US) under number 5118787.

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