Legal notices, personal data information and general terms and conditions of use for the www.izivia.com website
1. Legal Information
These Terms and Conditions of Use (hereinafter the “Terms”) govern the use:
- of the https://www.izivia.com and https://paynow.izivia.com websites (hereinafter the “Website(s)”),
- of the IZIVIA mobile app (hereinafter the “App”),
Hereinafter referred to individually or collectively as the “Service(s)”.
The Services are the property of IZIVIA: a public limited company with capital of 3,197,568; number 419 070 180 on the Nanterre Trade and Companies Register; with a registered office at Immeuble Colisée – La Défense, 8 avenue de l’Arche à Courbevoie (92419) France; intracommunity VAT number FR 51 419070180; Tel. 09 72 668 001 (non-premium-rate number).
The Service Publication Manager is Christelle VIVES in her role as IZIVIA Managing Director.
have been designed:
- https://www.izivia.com: by OXICAT LLC – 12, allée des Ormes – 94430 Chennevières-sur-Marne, France.
- https://paynow.izivia.com: by 4SH LLC – 6, Place de la Madeleine, 75008 Paris, France.
are hosted on hardware owned by ILIAD, a public limited company; number B 342 376 332 on the Paris Trade and Companies Register; located at 8, rue de La-Ville-L’Evêque, 75008 Paris, France.
The App has been designed by 4SH LLC – 6, Place de la Madeleine, 75008 Paris, France and is available on the Apple Store and Google Play.
2. General Terms and Conditions of Use
The user must accept these Terms to be able to use the Services and, if applicable, create a personal account. If the user does not have a personal account, they accept these Terms when visiting the Websites or using the App. If the user does not accept these terms, they must not create a personal account, visit the Websites or use the Services.
IZIVIA reserves the right to change these notices at any time. The user should therefore check them regularly.
Services can be accessed 24 hours a day, 7 days a week, except in the case of force majeure or an event outside IZIVIA’s control and subject to any outages or required maintenance that affect the smooth running of the Services or the equipment needed for them to be available. Services are accessed via a user device (computer, tablet or mobile telephone) connected to a telecommunications network allowing access to the Services. The communication protocols deployed are those used on the internet network.
The Services provide access to websites belonging to IZIVIA and to other websites that may have their own legal notices, with which the user should make themselves familiar and comply.
Where the user accesses the Services from a country other than France, they also undertake to abide by relevant local legislation.
3. Intellectual Property
IZIVIA’s brands and logos (semi-figurative trademarks) that appear on the Services are registered trademarks, unregistered trademarks, trade names or service marks: any reproduction or representation – whole or in part, whether separate or used with other elements – without IZIVIA’s prior express written permission is strictly forbidden.
The general structure, software, domain names, texts, images, videos, sounds, expertise, animations, and more generally all the information and content that appear on the Services, are the property of IZIVIA or subject to usage rights when they are elements pertaining to IZIVIA’s partners or service providers that appear on the Services. These elements are subject to copyright legislation.
Any representation, modification, reproduction or distortion, whether whole or in part, of all or some of the Services or their content, using any process and any medium would be an infringement punishable by law (Articles L 335-2 and following of the French Intellectual Property Code).
Any databases used for the Services are protected by the provisions of the French Act of 1 July 1998 assimilating the European Directive of 11 March 1996 concerning the legal protection of databases into the French Intellectual Property Code. In this respect, IZIVIA expressly forbids any reuse, reproduction or extraction of the elements in these databases. The user will be held liable for any unauthorised reuse, reproduction or extraction.
IZIVIA reserves the right to delete – immediately and without prior formal notice – any content (messages, texts, images or graphics) that contravenes current laws and regulations, including those stated above.
Should the User wish to use website content (texts, images, etc.), they must ask for prior express written permission from IZIVIA by writing to the address given in the “Legal Information” section.
4. Data Protection – Personal Data
In line with the amended French Act no. 78-17 of 6 January 1978 concerning data protection, and with European (EU) Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, personal data gathered from users as they take advantage of the Services is subject to processing for which IZIVIA is the controller.
This data is shared with IZIVIA, its partners, service providers and external subcontractors, financial institutions and postal establishments, and authorised third parties where there is legal or regulatory provision in place.
This data can be collected when the user contacts IZIVIA with a request, when a contract is being carried out, or when using the “My Account” Personal Area. This data is required to process the user’s request and/or manage the business relationship with the user. Without it, IZIVIA will not be able to respond to their request. The data can also be in IZIVIA’s legitimate interest and aims to allow IZIVIA to understand more about the user and suggest offers or services tailored to their needs. In this context, IZIVIA may use browsing data and associate it with other data. The user may object to cookies being installed on their device at any time by deactivating any cookies already installed. Without this data, IZIVIA will not be able to offer certain personalised services. Some data can also be collected with the user’s express consent for email prospecting undertaken by IZIVIA or its partners.
This data will be kept for the period required to carry out the purposes described above.
In line with legislation, the user has the right (free of charge) to access, correct and object to their personal data being used for marketing activities, and the right to limit processing and to port their data.
The user can assert these rights, providing proof of identity if applicable, by emailing IZIVIA at email@example.com or visiting their Personal Account if they have one. To stop receiving marketing communications, they can use the unsubscribe link on IZIVIA emails. These rights can also be asserted by emailing IZIVIA’s Data Protection Officer at firstname.lastname@example.org. Finally, the user can lodge an appeal with the French Data Protection Authority CNIL.
The Service user must abide by the regulations regarding personal data protection, including the provisions of the amended French Act no.78-17 of 6 January 1978 concerning data protection. Infringements are punishable as a criminal offence. With regard to any personal data to which the user has access, they must also abstain from any activity that could invade privacy or harm reputations.
The links on the Services to external websites have received prior express permission from IZIVIA.
However, as IZIVIA is not responsible for these websites, it cannot control their content. As a result, IZIVIA cannot be held responsible for the content of websites accessed in this way, or for any personal data collection or sharing, cookie installation or any other process for similar purposes undertaken by these websites.
Before creating a hyperlink to the Services, the user must inform IZIVIA. This information must be addressed to the Service Publication Manager.
The Services may contain information, links and/or advertising for other websites run by third parties (“Websites Administered by Third Parties”). Furthermore, emails sent by the Service user may contain information, links and/or advertising for Websites Administered by Third Parties. Information, links and advertising for Websites Administered by Third Parties are only provided for the user’s convenience. IZIVIA is not responsible for the content, accuracy or practices of these Websites Administered by Third Parties, sites hosted on the Website or advertising from third parties on the Website and/or emails sent from this Website and/or operations carried out with the operators of these Websites Administered by Third Parties.
6. “My Account” Personal Area – Managing Access Codes and Passwords
An access code and password are needed to create a “My Account” personal area on the Services.
These access codes and passwords are private, individual, non-transferable and non-shareable. Every user is responsible for managing and storing their own login details, and for the consequences of using them. Each user must take the necessary measures to protect and store them properly. IZIVIA cannot be held responsible for the fraudulent use of login information.
IZIVIA reserves the right to reject any alias that does not conform with the following terms:
- the alias chosen should not tarnish a third-party surname;
- the username selected should not be limited in use (due to it being intellectual or industrial property, a brand name, a business name, etc.);
- the username chosen should not be vulgar, obscene, offensive, defamatory, injurious, denigrating, threatening, bullying, racist, xenophobic, pornographic or paedophilic, and should not infringe on the rights of people or goods, be morally dubious or affect public order.
The user may log in using “Facebook Connect”, “Google+” or “Twitter”. These third-party services allow the user to log in to the Websites in one click via:
- Facebook user data. IZIVIA can see contact information uploaded to Facebook (name, surname, email, contact list using the same app; and, if added to the profile, the user’s phone number and address). As a result, by clicking the button, the user is expressly consenting to their Facebook data being used to log in to the Websites. For more information about the purposes and scope of data acquisition, the way in which data is processed and used by Facebook, and privacy rights and optional settings, see Facebook’s data policy: http://www.facebook.com/policy.php;
- Google+ user data. IZIVIA can see contact information uploaded to Google+ (name, surname, email; and, if added, the user’s phone number and address). By clicking the button, the user is expressly consenting to their Google+ data being used to log in to the Websites. For more information about the purposes and scope of data acquisition, the way in which data is processed and used by Google+, and privacy rights and optional settings, see the Google+ data protection policy: http://www.google.com/policies/;
- IZIVIA can see contact information uploaded by users to Twitter (name, surname). By clicking the button, the user is expressly consenting to their Twitter data being used to log in to the Websites. For more information about the purposes and scope of data acquisition, the way in which data is processed and used by Twitter, and privacy rights and optional settings, see Twitter’s data protection information: https://twitter.com/en/tos.
The user undertakes to:
- take all necessary security measures to ensure their password stays private, including changing it periodically;
- respect the personal, non-transferable and non-shareable nature of the username or alias/password.
For security reasons, IZIVIA reserves the right to suspend access to the “My Account” personal area if it suspects that a user’s password or access code has been used fraudulently or attempted fraud has taken place. If access is suspended, IZIVIA will inform the user concerned.
IZIVIA does all it can to deliver high-quality Services to users. However, IZIVIA cannot guarantee that Services will be error-free, constantly available, or virus-free. The data and information shared by the Services are provided “as is” without any express or implied guarantee. IZIVIA reserves the right to change or correct Service content at any time without warning.
IZIVIA cannot be held responsible for any indirect damage (including, but not limited to, damage resulting from data loss or downtime) caused by the use, the inability to use or the results of using the Services and their content. IZIVIA cannot be held responsible for mistakes, errors or omissions, or for data delays or interrupted data availability for any reason. The user accepts that they use the Service and its content at their own risk.
IZIVIA reserves the right – at its own discretion – to change, limit, suspend or remove access to all or part of the Services or their content at any time and for any reason, without warning or being held liable.
8. Governing Law
The Website is subject to French law.
In the event of litigation, should every attempt to find an amicable solution fail, the competent courts will be those of France.
10. Personal data management centre
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11. Cookie Information
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