Definitions

Client: any professional or natural person capable within 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: https://www.marcopolo-performance.com provides customers with:

Content: All the constituent elements of the information present on the Site, including texts, images, and videos.

Customer information: Hereinafter referred to as “Information related to all personal data that may be held by  https://www.marcopolo-performance.com for the management of your account, customer relationship, and for analytic and statistical purposes.

User: Internet user connecting on the aforementioned website

Personal information: “Any information permitting, directly or indirectly, the identification of private individuals concerned (article 4 of the law N 78-17 of January 6th, 1978).

The terms “Personal data”, “person concerned”, “subcontractor”, and “sensitive data” have the meaning defined by the Data Protection Regulation (GDRP: n° 2016-679)

1. Presentation of the website.

Pursuant to article 6 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, we hereby disclose the identity of those involved with the creation and maintenance of the website https://www.marcopolo-performance.com

Owner: marcopolo performance Ltd, Share Capital 8000.00 € – 35 CHE DES AULNES 9570 DARDILLY
EU VAT number: Publication manager  M Frederic NIOLLET – +33 4 37 64 65 O9
 A physical or legal person is responsible for publication.
Publication director : M Frederic NIOLLET – +33 4 37 64 65 O9
Host : https://www.online.net – BP 438 75366 PARIS CEDEX 08 01 84 13 00 50
Data Protection Officer: Catherine Barutel – c.barutel@marcopolo-performance.com

 

2. GENERAL CONDITIONS FOR USE OF WEBSITE AND SERVICES OFFERED

The website is considered intellectual work and is protected by the French Intellectual Property Code and applicable international regulations. Any reproduction, sale, or personal use by the client of all or part of the elements of the website is prohibited.

By using the website https://www.marcopolo-performance.com, users are deemed to have fully accepted the general terms and conditions of use provided for below.  These conditions of use may be changed or added to at any time; accordingly, users of the website  https://www.marcopolo-performance.com are invited to consult them regularly.

This site is normally accessible to users at any time. Https://www.marcopolo-performance.com may interrupt service at any time to undertake technical maintenance but shall undertake to inform users of the dates and times of such work in advance.  The website  https://www.marcopolo-performance.com is regularly updated by https://www.marcopolo-performance.comresponsible of publication. Similarly, the legal notes may be changed at any time: they nonetheless apply to all users. Users are invited to refer to them as frequently as possible to ensure that they remain aware of their content.

3. Description of services

The purpose of the website https://www.marcopolo-performance.com  is to provide information on the company's activities. https://www.marcopolo-performance.com takes every effort to provide accurate information on https://www.marcopolo-performance.com website. However, it cannot be held liable for any omissions or inaccuracies in this information or failures to update it, whether it be its own information or information provided by third party partners.

All the information provided on the site  https://www.marcopolo-performance.com is for reference purposes only and may be changed without notice.  Furthermore, the information provided on https://www.marcopolo-performance.com is not intended to be exhaustive.  All information is provided subject to any changes which may have occurred since its publication online.

4. Contractual limitations on technical specifications.

The site uses JavaScript. The website cannot be held liable for any material loss linked to the use of the site.  Furthermore, users of the site shall access the site using up-to-date device not containing any viruses and using an updated browser. The website  https://www.marcopolo-performance.com is hosted by a service provider of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)

The objective is to provide access as consistently as possible. The hosting company is available 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest periods possible, in particular for maintenance, to improve its infrastructure, in case of infrastructure failure, or if the Services generate traffic deemed abnormal.

https://www.marcopolo-performance.com and the hosting company cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked to network congestion preventing access to the server.

5. Intellectual property and infringement.

Https://www.marcopolo-performance.com is the intellectual property rights holder or holds rights of use in relation to all elements which can be accessed on the website, in particular: texts, images, graphics, logos, icons, and sounds.  Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, irrespective of the means or process, is prohibited without the prior written permission of: https://www.marcopolo-performance.com

Any unauthorized use of the website or of any elements from the website will be considered as an act of intellectual property rights infringement and will be prosecuted pursuant to the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitation of liability.

 https://www.marcopolo-performance.com acts as the publisher of the website. https://www.marcopolo-performance.com is responsible for the quality and accuracy of the Content it publishes.

https://www.marcopolo-performance.comcannot be held liable for any direct or indirect loss caused to the user's device during access to the https://www.marcopolo-performance.com website as a result of use of a device that does not meet the requirements of point 4 or due to a bug or incompatibility.

Similarly, https://www.marcopolo-performance.com  cannot be held liable for any indirect loss (for example due to lost profits or loss of an opportunity) resulting from the use of the site https://www.marcopolo-performance.com. Users are provided with access to interactive spaces (a contact section where questions can be posted). https://www.marcopolo-performance.com reserves the right to delete any content that it deems to be in breach of the laws applicable in France, in particular, with data protection laws without any prior notice.  If applicable, Https://www.marcopolo-performance.com reserves the right to take civil or criminal legal measures against users, in particular in cases of racist, hurtful, defamatory or pornographic content, irrespective of the medium (text, photographic).

7. Management of personal data

The client is informed of the regulations regarding marketing communication, the law of 21 June 2014 for trust in the digital economy, the Data Protection Act of 6 August 2004, and the General Data Protection Regulations (GDPR: n° 2016-679)

7.1 People responsible for collecting personal information

For Personal Data collected in the context of creating the User's personal account and browsing the Website, the person responsible for processing Personal Data is: marcopolo performance. Https://www.marcopolo-performance.comis is represented by Mr. Frederic NIOLLET, its legal representative.

As the person responsible for the processing of data collected, https://www.marcopolo-performance.com undertakes to comply with the legal provisions in force. In particular, it is the User’s responsibility to establish the purposes of data processing, provide its prospects and customers, based on the collection of their consents, with the full information of the processing of their personal data and maintain a register of processing in accordance with reality. Whenever https://www.marcopolo-performance.com processes personal information, https://www.marcopolo-performance.comtakes all reasonable measures to ensure that Personal Information is accurate and relevant to the purposes for which https://www.marcopolo-performance.com processes it.

 

7.2 Purpose of the information collected

 

Https://www.marcopolo-performance.commay may process all or part of the information:

  • To allow navigation on the site and the management and traceability of the services ordered by the User: connection and use data on the Site, invoicing, order history, etc.

 

  • to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)

 

  • to improve navigation on the Site: login and usage data

 

https://www.marcopolo-performance.com does not sell your personal data, which are only used for necessary or statistical and analytical internal purposes.

 

7.3 Right of access, rectification, and opposition

 

In accordance with current European regulations, users of the https://www.marcopolo-performance.com website have the following rights:

 

  • Right of access (article 15 GDPR) and rectification updating, completeness of users’ data rights to block or delete users’ personal data (article 17 GDPR),when they are inaccurate, incomplete, ambiguous, 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 GDPR)

 

  • Right to object the processing of users’ data (article 21 GDPR)

 

  • Right to the portability of data provided by users, when such data are processed automatically on the basis of their consent or a contract (article 20 GDPR)

 

  • Right to define the fate of Users’ information after their death and to choose to whom https://www.marcopolo-performance.com shall communicate (or not) its data to a third party they have previously designated

 

As soon as https://www.marcopolo-performance.com becomes aware of the death of a User and in the absence of instructions from her/him, https://www.marcopolo-performance.com undertakes to destroy their information, unless their storage is necessary for evidential purposes or to meet a legal obligation.

 

If the User wants to know how https://www.marcopolo-performance.com uses her/his personal data, asks to rectify them or objects to their processing, the user may contact https://www.marcopolo-performance.com in writing at the following address:

  marcopolo performance – DPO, Catherine Barutel
35 CHE DES AULNES 9570 DARDILLY.  

In this case, the User must indicate the personal information that he or she would like https://www.marcopolo-performance.com to correct, update or delete, precisely by identifying himself or herself with a copy of an identity document (identity card or passport).

Requests to delete personal data will be subject to the obligations on https://www.marcopolo-performance.com by law, in particular with regard to the storage or archiving of documents. Finally, https://www.marcopolo-performance.com Users can file a complaint with the supervisory authorities, and particularly with the CNIL (https://www.cnil.fr/fr/plaintes).

 

7.4 Non-communication of personal data

Https://www.marcopolo-performance.com shall not process, host or transfer information collected on its customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without first informing the customer. Nevertheless,  https://www.marcopolo-performance.com remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulations (RGPD : n° 2016-679).

Https://www.marcopolo-performance.com commits to taking all the necessary precautions to preserve the security of information and in particular that it will not be communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of customer information is brought to the attention of https://www.marcopolo-performance.com, the latter must inform the Customer as soon as possible and inform her/him of the corrective measures. In addition, https://www.marcopolo-performance.com does not collect any “sensitive data.”

The User’s Personal Information may be processed by subsidiaries of https://www.marcopolo-performance.com and subcontractors (service providers), exclusively for the purposes of this policy.

Within the limits of their respective attributions and for the purposes aforementioned, the main persons likely to have access to the data of  https://www.marcopolo-performance.com are mainly our customer service agents.

8. Incident notification

Regardless of the efforts made, 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 the users concerned so that they can take appropriate action.  Our incident notification procedures take into account our legal obligations, whether at 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 the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the user of https://www.marcopolo-performance.com website is published,  exchanged, transferred, assigned or sold on any medium to third parties, without the user’s knowledge. Only the assumption of the acquisition of https://www.marcopolo-performance.com and its rights would allow the transmission of this information to the potential purchaser, who would in turn be bound by the same obligation to retain and modify the data with regard to the user of the https://www.marcopolo-performance.com website.

Security

To ensure the security and confidentiality of Personal Data, https://www.marcopolo-performance.comuses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

 


 

 

When processing Personal Information, https://www.marcopolo-performance.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

 

9. Internet hypertext links, cookies, and tags

The website https://www.marcopolo-performance.com contains a number of hyperlinks to other websites which have been placed on the site with the authorization of https://www.marcopolo-performance.com. However, https://www.marcopolo-performance.com is unable to verify the content of such sites and, accordingly, excludes all liability in this regard.

Unless you decide to disable cookies, you agree that the site may use them.  You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility 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 on the User’s terminal (e.g. computer, smartphone), (see below “Cookies”). This file includes information such as the User’s domain name, Internet service provider, operating system, as well as the date and time of access. Cookies do not risk damaging the User’s terminal in any way.

 

Https://www.marcopolo-performance.com may process information about the User’s visit to the Site, such as the pages visited, and the searches carried out.

 


  This information allows https://www.marcopolo-performance.com to improve the website content and the user’s browsing experience.

 

Cookies facilitate the navigation and/or provision of the services offered by the Site, the User may configure his browser so that he can decide whether or not 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 issuer. The User may also configure his browser software in such a way that the acceptance or rejection of Cookies is offered to her/him from time to time, before a Cookie is likely to be saved in his terminal.  https://www.marcopolo-performance.com informs the User that, in this case, not all the features of its navigation software may be available.

 

If the User refuses to accept cookies in his or her terminal or browser, or if the User deletes cookies registered there, the User is informed that his or her browsing and experience on the Site may be limited. This could also be the case when https://www.marcopolo-performance.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.

 

If applicable, https://www.marcopolo-performance.com declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by https://www.marcopolo-performance.com, resulting from (i) the User’s refusal to accept Cookies (ii) https://www.marcopolo-performance.com inability to record or consult the Cookies necessary for their operation because of the User’s choice.  For the management of Cookies and User choices, the configuration of each browser is different.  It is described in the browser’s help menu, which will allow you to find out how the User can change his or her cookie preferences.

 

At any time, the User may choose to express and modify his or her wishes regarding Cookies. https://www.marcopolo-performance.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 Twitter, Facebook, LinkedIn and Google Plus social networks on https://www.marcopolo-performance.com site or in its applications and if the User has accepted the deposit of cookies by continuing to browse the Website or the https://www.marcopolo-performance.com application, Twitter, Facebook, LinkedIn and Google Plus can also deposit cookies on your devices (computer, tablet, mobile phone).

 

These types of cookies are only placed on your devices with your consent by continuing to browse the https://www.marcopolo-performance.com website or application. However, at any time, the User may withdraw his or her consent for https://www.marcopolo-performance.com to place this type of cookie.

 

Article 9.2. INTERNET TAGS

 

Https://www.marcopolo-performance.com may occasionally use Internet tags (also known as “tags”, action tags, one-pixel GIF, transparent GIF, invisible GIF, and one-to-one GIF) and deploy them through a Web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

 

These tags are placed both in online ads that allow users to access the website, and on its various pages.  

This technology allows https://www.marcopolo-performance.com to evaluate visitors’ responses to the site and the effectiveness of its actions (for example, the number of times a page is opened and 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 these tags, compile reports on site activity for https://www.marcopolo-performance.com, and provide other services related to the use of the Site and the Internet.

 

 

10. Applicable law and jurisdiction.

Any disputes in relation to the use of the site https://www.marcopolo-performance.com shall be governed by French law.  Except in cases where the law does not allow it, the court of exclusive jurisdiction shall be the competent courts of Lyon.