Definitions
Client: 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 Website which is the subject of these general conditions.
Benefits and Services: https://hc-next.com/ provides Clients with:
Content: All the elements constituting the information present on the Website, in particular texts – images – videos.
Client information: Hereinafter referred to as “Information” which corresponds to all personal data that may be held by https://hc-next.com/ for the management of your account, client relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of French Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the definitions set out in the General Data Protection Regulation (GDPR: No. 2016-679)
1. Introduction to the website
In accordance with Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://hc-next.com/ are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SAS HC NEXT Share capital of €5000 VAT number: FR65894883735 – 22 Rue Pascal 59800 Lille
Person responsible for publication: Sylvain Josse – sylvain.josse@hc-next.com
The person responsible for publication is a natural or legal person.
Webmaster: Wapiti Agency
Host: OVH – 2 rue Kellermann 59053 Roubaix 1007
Data Protection Officer: Sylvain Josse – sylvain.josse@hc-next.com
2. General conditions of use of the site and the services offered
The Website constitutes an intellectual creation protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Client may not in any way reuse, transfer or exploit all or part of the elements or works on the Website for their own purposes.
The use of the website https://hc-next.com/ implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time. Users of the https://hc-next.com/ website are therefore invited to consult them regularly.
This website is usually accessible to users at all times. An interruption for technical maintenance may however be decided by https://hc-next.com/, which will then endeavour to inform users in advance of the dates and times of the intervention. The website https://hc-next.com/ is regularly updated by the publication manager of HC Next. Similarly, the legal notices may be modified at any time: they are nevertheless binding for the user, who is invited to refer to them as often as possible in order to become aware of them.
3. Description of the services provided
The purpose of the website https://hc-next.com/ is to provide information about the company’s activities. https://hc-next.com/ strives to provide the most accurate information possible on the website https://hc-next.com/ However, it cannot be held responsible for any omissions, inaccuracies or shortcomings relating to updating, whether caused by itself or by third-party partners who provide the information.
All information on the https://hc-next.com/ website is given for information purposes only and is subject to change. Furthermore, the information on the https://hc-next.com/ website is not exhaustive. The information is subject to changes since it was first published online.
4. Contractual limitations on technical data.
The website uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the website. Furthermore, the user of the site undertakes to access the site using recent equipment, free of viruses and with an up-to-date browser. The site https://hc-next.com/ is hosted by a European Union-based service provider in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679).
The objective is to provide a service which ensures the best accessibility rate. The host ensures the continuity of the service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures or if the Services generate traffic deemed to be abnormal.
https://hc-next.com/ and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly in the event of network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://hc-next.com/ 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 text, 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 forbidden, except with the prior written authorisation of: https://hc-next.com/.
Any unauthorised use of the site or of any of its content will be considered as an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Liability limitations.
https://hc-next.com/ serves as the publisher of the site. https://hc-next.com/ is responsible for the quality and truthfulness of the Content it publishes.
https://hc-next.com/ cannot be held responsible for any damage caused directly or indirectly to the user’s equipment when accessing the https://hc-next.com/ 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.
https://hc-next.com/ cannot be held responsible for any indirect damage (such as loss of market or loss of opportunity) resulting from the use of the https://hc-next.com/ website. Interactive sections (possibility to ask questions in the contact area) are available to users. https://hc-next.com/ reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://hc-next.com/ 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, regardless of the medium used (text, photographs, etc.).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the French law of 21 June 2014 for Confidence in the Digital Economy, the French Data Protection Act of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the User’s personal account and their navigation on the Website, the entity responsible for processing the Personal Data is: HC NEXT. https://hc-next.com/is represented by Sylvain Josse, the legal representative
As the entity responsible for processing the data it collects, https://hc-next.com/ undertakes to comply with the legal provisions in force. In particular, it is the responsibility of the Client to establish the purposes of its data processing, to provide its prospects and clients with complete information on the processing of their personal data once their consent has been collected, and to maintain a register of the processing that conforms to the reality. Whenever https://hc-next.com/ processes Personal Data, https://hc-next.com/ takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://hc-next.com/ processes it.
7.2 Purpose of the data collected
https://hc-next.com/ may process all or part of the data:
- to enable browsing on the Website and the management and traceability of services requested by the user: connection and usage data of the Website, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Website: connection and usage data
- to conduct optional satisfaction surveys on https://hc-next.com/: email address
- to carry out communication campaigns (sms, email): telephone number, email address
https://hc-next.com/does not sell your personal data, therefore it is only used for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with the European regulations in force, the Users of https://hc-next.com/ have the following rights:
- right of access (article 15 GDPR) and rectification (article 16 GDPR), update, completeness of Users’ data right of blocking or deletion of Users’ personal data (article 17 GDPR), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- the right to withdraw consent at any time (Article 13-2c GDPR)
- the right to limit the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of Users’ data (Article 21 GDPR)
- the right to portability of data provided by Users, where such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- the right to determine the fate of Users’ data after their death and to choose to whom https://hc-next.com/ should communicate (or not) their data to a third party that they have previously designated
As soon as https://hc-next.com/ becomes aware of the death of a User and in the absence of instructions from the User, https://hc-next.com/ undertakes to destroy the User’s data, unless it is necessary to keep it for evidence purposes or to comply with a legal obligation.
If the User wishes to know how https://hc-next.com/ uses their Personal Data, to ask to rectify them or to oppose their processing, the User may contact https://hc-next.com/ in writing at the following address:
HC NEXT – DPO, Sylvain Josse
22 Rue Pascal 59800 Lille.
In this case, the User must indicate the Personal Data that they would like https://hc-next.com/ to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the obligations imposed on https://hc-next.com/ by law, particularly with regard to the retention or archiving of documents. Lastly, Users of https://hc-next.com/ may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/en/home).
7.4 Non-disclosure of personal data
https://hc-next.com/ will not process, host or transfer the Information collected on its Clients to a country outside the European Union or recognised as “not adequate” by the European Commission without informing the client in advance. However, https://hc-next.com/ is free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://hc-next.com/ commits to taking all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://hc-next.com/, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://hc-next.com/ does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://hc-next.com/ and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://hc-next.com/ are mainly the agents of our customer service.
8. Incident reporting
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. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to keeping our clients fully informed about all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information about the user of the https://hc-next.com/ website shall be published without the user’s knowledge, nor shall it be exchanged, transferred, assigned or sold on any medium to third parties. Only the case of the repurchase of https://hc-next.com/ 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 https://hc-next.com/.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Information, https://hc-next.com/ uses networks protected by standard features such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://hc-next.com/takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks “cookies” and internet tags
The website https://hc-next.com/ contains a number of hyperlinks to other websites, set up with the permission of https://hc-next.com/. However, https://hc-next.com/ does not have the capacity to check the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, bearing in mind 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 device in any way.
https://hc-next.com/ may process information about the User’s visit to the Website, such as the pages visited and the searches performed. This information allows https://hc-next.com/ to improve the Website’s content and the User’s navigation.
Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure their browser to allow them to decide whether or not they wish to accept them so that Cookies are stored in the device or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure their browser software so that they are offered the option of accepting or refusing Cookies from time to time, before a Cookie is likely to be recorded in their device. https://hc-next.com/ informs the User that, in this case, the functionalities of their browser software may not be fully available.
If the User refuses the storage of Cookies in their terminal or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Website may be limited. This could also be the case when https://hc-next.com/ or one of its service providers cannot recognise, 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, https://hc-next.com/ declines all responsibility for any consequences linked to the degraded functioning of the Website and any services offered by https://hc-next.com/, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://hc-next.com/ to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will show how the User can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. https://hc-next.com/ 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 appearing on the https://hc-next.com/ Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the https://hc-next.com/, Website or mobile application, Twitter, Facebook, Linkedin can also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only stored on your devices if you give your consent by continuing to browse the https://hc-next.com/website or mobile application. Nevertheless, at any time, the User may revoke their consent to https://hc-next.com/ storing this type of cookie.
Article 9.2. INTERNET TAGS
https://hc-next.com/ may occasionally use web beacons (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 tags are placed both in the online advertisements allowing users to access the Website, and on the various pages of the Website.
This technology allows https://hc-next.com/ to evaluate visitors’ experiences with the Website 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 Website by the User.
The external service provider may collect information about visitors to the Website and other websites through the use of these tags, compile reports on Website activity for https://hc-next.com/, and provide other services relating to the use of the Website and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the https://hc-next.com/ 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 Lille.
