Customer: Any professional or natural person capable of the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these terms and conditions.
Services: Work, service, technique or product that nextblue.tech makes available to Customers.
Content: All the elements constituting the information present on the Site, in particular texts – images – videos.
Customer Information: Hereinafter referred to as “Information (s)” which correspond to all personal data that may be held by nextblue.tech for the management of your account, the management of customer relations and for analysis and statistical purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom they apply” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (RGPD: n° 2016-679)
1.Presentation of the website.
According to the article 6 of the law n° 2004-575 of June 21st 2004 for the confidence in the digital economy, it is specified to the users of the nextblue.tech website the identity of the various participants in the framework of its realization and its follow-up:
Owner: Next Blue Tech, a simplified joint stock company, whose head office is located at 410, avenue du Passe-Temps, 13400 Aubagne, France, registered at the RCS of Marseille n°834 044 612 (intracommunity VAT number: FR30834044612, with a share capital of 611 010 euros.
Responsible for publication: Mr. Hubert Thomas – firstname.lastname@example.org
Webmaster : Mrs Laure Houdaille – email@example.com
Host: The site is hosted by O2Switch – 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand
Data Protection Officer: Mr Laurent Thomas – 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 Intellectual Property Code and the 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 of the Site.
The use of the nextblue.tech website implies the full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, so users of the nextblue.tech site are invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may be decided by nextblue.tech, which will then endeavour to inform users in advance of the dates and times of the intervention.
The nextblue.tech website is regularly updated by nextblue.tech responsible. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to the user who is invited to refer to them as often as possible in order to take note of them.
3. Description of the services provided.
The nextblue.tech website aims to provide information about all the company’s activities.
nextblue.tech endeavours to provide on the nextblue.tech website information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information.
All information on the nextblue.tech website is given as an indication and is likely to change. Furthermore, the information on the nextblue.tech website is not exhaustive. It is given 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 related to the use of the site. Moreover, the user of the site commits himself to access the site using a recent material, free of viruses and with a last generation updated browser.
The nextblue.tech website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD : n° 2016-679).
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, the Hosting Company reserves the right to interrupt the hosting service for the shortest possible period, for maintenance purposes, improvement of its infrastructure, failure of its infrastructure or if the Services generate traffic deemed abnormal.
nextblue.tech and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeit.
nextblue.tech 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: nextblue.tech.
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability
nextblue.tech acts as the publisher of the website. nextblue.tech is responsible for the quality and veracity of the Content it publishes.
nextblue.tech cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the nextblue.tech 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 an incompatibility.
nextblue.tech cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the nextblue.tech website.
Interactive spaces (possibility to ask questions in the contact area) are at the disposal of the users. nextblue.tech reserves the right to delete, without prior notice, any content deposited in this space which would contravene the legislation applicable in France, in particular the provisions relating to data protection. If need be, nextblue.tech also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message of a racist, injurious, defamatory or pornographic nature, whatever the medium used (text, photograph…).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: n°2016-679).
7.1 Persons responsible for the collection of personal data
or the Personal Data collected in the context of the creation of the User’s personal account and his navigation on the Website, the person in charge of the processing of the Personal Data is Laurent Thomas. nextblue.tech is represented by Hubert Thomas, its legal representative.
As the person in charge of processing the data it collects, nextblue.tech undertakes to respect the legal provisions in force. 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, and to maintain a register of the processing in accordance with the reality.
Whenever nextblue.tech processes Personal Data, nextblue.tech takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which nextblue.tech processes it.
7.2 Purpose of the data collected
nextblue.tech may process all or part of the data :
- – to allow the navigation on the Site and the management and the traceability of the services ordered by the user: data of connection and use of the Site, invoicing, history of the orders, etc.
- – to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed).
- – to improve navigation on the Site: connection and usage data
- – to conduct optional satisfaction surveys on nextblue.tech: email address
- – to conduct communication campaigns (text message, email) and manage newsletter subscriptions: phone number, email address
- – to answer requests for trial or reservation: phone number, email address
nextblue.tech does not sell your personal data which are only used for statistical and analysis purposes.
7.3 Right of access, rectification, and opposition
In accordance with the European regulation in force, the Users of nextblue.tech have the following rights:
- – right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users’ data right of blocking or deletion of 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 GDPR)
- – right to limit the processing of Users’ data (article 18 RGPD)
- – right to object to the processing of Users’ data (Article 21 GDPR)
- – the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- – the right to define the fate of the Users’ data after their death and to choose to whom nextblue.tech shall communicate (or not) their data to a third party that they have previously designated
As soon as nextblue.tech becomes aware of the death of a User and in the absence of instructions from the User, nextblue.tech will destroy the User’s data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how nextblue.tech uses his Personal Data, to ask to rectify them or to oppose their treatment, the User can contact nextblue.tech by writing to the following address :
Next Blue Tech
410, avenue du Passe-Temps
In this case, the User must indicate the Personal Data that he would like nextblue.tech to correct, update or delete, identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations that are imposed on nextblue.tech by law, particularly with regard to the retention or archiving of documents. Finally, the Users of nextblue.tech can file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
nextblue.tech will not process, host or transfer the Information collected on its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without informing the Customer in advance. However, nextblue.tech remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
nextblue.tech undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of nextblue.tech, nextblue.tech shall promptly inform the Customer and inform him of the corrective measures taken.
Furthermore nextblue.tech does not collect any “sensitive data”.
The User’s Personal Data may be processed by nextblue.tech’s 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 who may have access to nextblue.tech 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. Therefore, we cannot guarantee absolute security.
If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures consider our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the nextblue.tech website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties.
Only the assumption of the buyout of nextblue.tech and its rights would allow the transmission of the said information to the eventual purchaser who would be in turn held to the same obligation of conservation and modification of the data with respect to the user of the nextblue.tech site.
To ensure the security and confidentiality of Personal Data and Personal Health Information, nextblue.tech uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, nextblue.tech takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hyperlinks, cookies, and internet tags
The nextblue.tech website contains a number of hyperlinks to other websites, set up with the authorization of nextblue.tech. However, nextblue.tech has no possibility to check the content of the sites visited and will not assume any responsibility for them.
Unless you choose to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all, or part of the Services offered by the site.
9.1. « COOKIES »
A “cookie” is a small information file sent to the User’s browser and stored within 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 will not damage the User’s terminal in any way.
nextblue.tech is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows nextblue.tech to improve the content of the Site, the navigation of the User.
Cookies facilitate the navigation and/or the provision of services offered by the Site, the User can configure his browser to allow him to decide whether he wishes to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically, or according to their sender. The User may also configure his browser software so that he is offered the option of accepting or rejecting Cookies from time to time before a Cookie is likely to be stored in his terminal. nextblue.tech informs the User that, in this case, not all the functionalities of his browser software may be available.
If the User refuses the storage of Cookies in his terminal or browser, or if the User deletes those stored there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when nextblue.tech 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 seems to be connected to the Internet.
If necessary, nextblue.tech declines any responsibility for the consequences linked to the degraded functioning of the Site and of the services possibly proposed by nextblue.tech, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for nextblue.tech to record or to consult the Cookies necessary for their functioning because of the choice of the User. For the management of the Cookies and the choices of the User, the configuration of each browser is different. It is described in the browser’s help menu, which will allow the User to know how to modify his/her wishes regarding Cookies.
At any time, the User may choose to express and modify his or her cookie preferences. nextblue.tech may also use the services of third party service providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Instagram appearing on the nextblue.tech Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the nextblue.tech Website or mobile application, Twitter, Facebook, Linkedin and Instagram 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 navigation on the Website or mobile application of nextblue.tech. At any time, the User may nevertheless revoke his or her consent for nextblue.tech to deposit this type of cookies.
Article 9.2. INTERNET TAGS
nextblue.tech may occasionally employ Internet tags (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User’s IP address) in a foreign country.
These beacons are placed both in the online advertisements that allow users to access the Site and on the various pages of the Site.
This technology allows nextblue.tech to measure visitors’ responses to the Site and the effectiveness of its actions (e.g., the number of times a page is opened and the information viewed), as well as the User’s use of this Site.
The external service provider may collect information about visitors to the Site and other websites through the use of these tags, compile reports on Site activity for nextblue.tech, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the nextblue.tech website is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Marseille.