Legal information

Definitions

Customer: any professional or natural person with legal capacity within the meaning of articles 1123 and following of the French Civil Code, or any legal entity, visiting the site covered by these terms.
Services: All Cool makes the following available to customers:
Content: all the elements making up the information present on the Site, in particular text, images and video.
Customer information: hereafter "Information", meaning all the personal data that All Cool may hold for the management of your account, the management of the customer relationship, and for analysis and statistical purposes.
User: any internet user connecting to and using the aforementioned 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", "processor" and "sensitive data" have the meanings defined by the General Data Protection Regulation (GDPR: no. 2016-679).

1. Presentation of the website.

Pursuant to article 6 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the All Cool website are informed of the identity of the various parties involved in its creation and upkeep:
Owner: Benoit Richard and S.A.S. Harmonia / 54 Av. de la Meridienne, 48100 Marvejols, France
Publication manager: Guillaume Hoarau / contact@best-batteries.com
The publication manager may be a natural person or a legal entity.
Webmaster: N. Arnouth / webmaster@best-batteries.com
Host: OVH / 2 rue Kellermann, 59100 Roubaix 1007, France
Data protection officer: Hanne Lindberg / rgpd@best-batteries.com

2. General terms of use of the site and of the services offered.

The site is a work of the mind protected by the provisions of the French Intellectual Property Code and by applicable international regulations. The customer may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.
Use of the All Cool site implies full and unreserved acceptance of the general terms of use set out below. These terms of use may be amended or supplemented at any time, and users of the All Cool site are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may nonetheless be decided by All Cool, which will then endeavour to inform users in advance of the dates and times of the work. The All Cool website is updated regularly by All Cool. In the same way, this legal information may be amended at any time: it is nonetheless binding on the user, who is invited to refer to it as often as possible.

3. Description of the services provided.

The purpose of the All Cool website is to provide information about all of the company's activities. All Cool endeavours to provide information on the All Cool site that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or shortcomings in updating, whether caused by itself or by the third-party partners that supply this information.

All information given on the All Cool site is provided for guidance only and is liable to change. Furthermore, the information appearing on the All Cool site is not exhaustive. It is given subject to any changes made since it was put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held liable for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses, with an up-to-date, latest-generation browser. The All Cool site is hosted by a provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679).

The aim is to provide a service ensuring the best possible availability. The host guarantees continuity of service 24 hours a day, every day of the year. It nonetheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, for improvements to its infrastructure, in the event of a failure of that infrastructure, or if the services generate traffic deemed abnormal.

All Cool and the host cannot be held liable in the event of a malfunction of the internet network, of telephone lines or of computer and telephone equipment, in particular linked to network congestion preventing access to the server.

5. Intellectual property and infringement.

All Cool owns the intellectual property rights and holds the usage rights on all elements accessible on the website, in particular the text, images, graphics, logos, video, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written consent of All Cool.

Any unauthorised use of the site or of any of the elements it contains will be considered an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.

6. Limitations of liability.

All Cool acts as publisher of the site. All Cool is responsible for the quality and accuracy of the Content it publishes.
All Cool cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the All Cool website, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the appearance of a bug or an incompatibility.
All Cool likewise cannot be held liable for indirect damage (such as loss of business or loss of opportunity) arising from the use of the All Cool site. Interactive areas (the ability to ask questions in the contact area) are made available to users. All Cool reserves the right to delete, without prior notice, any content posted in that area which would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, All Cool also reserves the right to bring civil and/or criminal proceedings against the user, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the medium used (text, photograph and so on).

7. Management of personal data.

The Customer is informed of the regulations concerning marketing communications, the French law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: no. 2016-679).

7.1 Controllers of personal data collection

For the personal data collected when the User creates a personal account and browses the Site, the controller of the personal data is: Aurelie Duvier. All Cool is represented by Benoit Richard, its legal representative.
As controller of the data it collects, All Cool undertakes to comply with the applicable legal framework. In particular, it is for All Cool to establish the purposes of its data processing, to provide its prospects and customers, on the basis of their consent, with full information about the processing of their personal data, and to maintain an accurate record of processing activities. Whenever All Cool processes personal data, All Cool takes all reasonable steps to ensure that the personal data is accurate and relevant to the purposes for which All Cool processes it.

7.2 Purpose of the data collected

All Cool may process all or part of the following data:

  • to allow browsing on the Site and the management and traceability of the services ordered by the user: connection and usage data for the Site, billing, order history and so on
  • to prevent and combat computer fraud (spamming, hacking and so on): the computer equipment used for browsing, the IP address, the password (hashed)
  • to improve browsing on the Site: connection and usage data
  • to carry out optional satisfaction surveys on All Cool: email address
  • to run communication campaigns (SMS, email): telephone number, email address

All Cool does not sell your personal data, which is therefore used only where necessary or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with the European regulations in force, Users of All Cool have the following rights:

  • Right of access (article 15 GDPR) and rectification (article 16 GDPR), of updating and completing Users' data, right to block or erase Users' personal data (article 17 GDPR) where it is inaccurate, incomplete, ambiguous or out of date, or where the collection, use, disclosure or retention of it is prohibited
  • Right to withdraw consent at any time (article 13-2c GDPR)
  • Right to restriction of processing of Users' data (article 18 GDPR)
  • Right to object to the processing of Users' data (article 21 GDPR)
  • Right to portability of the data Users have provided, where that data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
  • Right to determine what happens to Users' data after their death, and to choose to whom All Cool must (or must not) disclose their data, to a third party designated in advance

As soon as All Cool becomes aware of the death of a User, and in the absence of instructions from them, All Cool undertakes to destroy their data, unless retaining it proves necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how All Cool uses their personal data, to ask for it to be corrected, or to object to its processing, the User may contact All Cool in writing at the following address:
Benoit Richard
54 Av. de la Meridienne, 48100 Marvejols, France.
In that case, the User must indicate the personal data they would like All Cool 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 All Cool by law, in particular regarding the retention or archiving of documents. Finally, Users of All Cool may lodge a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

All Cool undertakes not to process, host or transfer the Information collected about its Customers to a country outside the European Union, or recognised as "not adequate" by the European Commission, without first informing the customer. That said, All Cool remains free to choose its technical and commercial subcontractors, on condition that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
All Cool undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information comes to All Cool's attention, All Cool must inform the Customer as soon as possible and tell them what corrective measures have been taken. All Cool also collects no "sensitive data".
The User's personal data may be processed by All Cool's subsidiaries and subcontractors (service providers), solely in order to fulfil the purposes of this policy.
Within the limits of their respective duties and for the purposes set out above, the main people likely to have access to the data of All Cool Users are the staff of our customer service.

7.5 Types of data collected

Regarding users of an All Cool Site, we collect the following data, which is essential to the operation of the service and which will be retained for a maximum period of 9 months after the end of the contractual relationship:
no data
All Cool also collects information that helps improve the user experience and offer contextual advice:
occasionally names, emails, IP address
This data is retained for a maximum period of 24 months after the end of the contractual relationship.

8. Incident notification

Whatever efforts are made, no method of transmission over the internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify the users concerned so that they could take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We undertake to fully inform our customers of all matters relating to the security of their account and to provide them with all the information they need to meet their own regulatory reporting obligations.
No personal information about users of the All Cool site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only in the event of the acquisition of All Cool and its rights would such information be passed to the possible buyer, who would in turn be bound by the same obligation to retain and amend the data in respect of the user of the All Cool site.

Security

To ensure the security and confidentiality of personal data and of personal health data, All Cool uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.
When processing personal data, All Cool takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, "cookies" and internet tags

The All Cool site contains a number of hyperlinks to other sites, put in place with the authorisation of All Cool. However, All Cool is not able to check the content of the sites visited in this way, and accordingly accepts no liability in this respect.
Unless you decide to disable cookies, you accept that the site may use them. You may disable these cookies at any time and free of charge using the options offered to you and set out 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 on the User's device (for example a computer or a smartphone), hereafter "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 present no risk of damage to the user's device.
All Cool may process information about the User's visit to the Site, such as the pages viewed and the searches carried out. This information allows All Cool to improve the content of the Site and the User's browsing experience.
As Cookies make browsing easier and help deliver the services offered by the Site, the User can configure their browser so that they can decide whether or not to accept them, so that Cookies are stored on the device or, on the contrary, rejected, either systematically or depending on their sender. The User may also configure their browser so that they are asked to accept or reject Cookies on a case-by-case basis, before a Cookie is likely to be stored on their device. All Cool informs the User that, in that case, not all the features of their browser may be available.
If the User refuses to allow Cookies to be stored on their device or in their browser, or if the User deletes those already stored, the User is informed that their browsing and their experience on the Site may be limited. This could also be the case where All Cool or one of its providers cannot recognise, 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.
Where applicable, All Cool declines all liability for the consequences of the degraded operation of the Site and of the services that All Cool may offer, resulting from (i) the User's refusal of Cookies or (ii) All Cool's inability to store or read the Cookies necessary for their operation because of the User's choice. Cookie management and user choices are configured differently in each browser. This is described in the browser's help menu, which will explain how the User can change their cookie preferences.
The User may at any time choose to express and change their cookie preferences. All Cool may also call on the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn and Google Plus on the All Cool Site or in its mobile app, and if the User has accepted the placing of cookies by continuing to browse the All Cool website or mobile app, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent to it, by continuing to browse the All Cool website or mobile app. The User may nonetheless withdraw their consent to All Cool placing this type of cookie at any time.

Article 9.2. Internet tags

All Cool may occasionally use internet tags (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-by-one GIFs) and deploy them through a specialist web analytics partner which may be located (and may therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements that allow internet users to reach the Site, and on the various pages of the Site itself.
This technology allows All Cool to assess visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User's use of the Site.
The external provider may collect information about visitors to the Site and to other websites through these tags, produce reports on the Site's activity for All Cool, and provide other services relating to the use of the Site and of the internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the All Cool site is subject to French law. Except where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Mende, France.