Definitions of the terms
Client: any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal person, who visits the Website that is the subject of these general conditions.
Benefits and Services: dms.com provides Clients with:
Content: All the elements that make up the information on the Website, including texts, images and videos.
Customer information: Hereafter referred to as "Information (s)" which corresponds to all personal data that may be held by dms.com for the management of your account, customer relationship management and for analysis and statistics purposes.
User: Internet user connecting, using the above-mentioned website.
Personal information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of 6 January 1978).
The terms "personal data", "data subject", "subcontractor" and "sensitive data" have the meaning defined by the General Data Protection Regulations (GPDR: No. 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, users of the dms.com website are informed of the identity of the various parties involved in its implementation and monitoring:
Owner: SA with a Board of Directors DIAGNOSTIC MEDICAL SYSTEMS Share capital of 21 537 002,81€ VAT number: FR 34389873142 - 393 RUE CHARLES LINDBERG 34130 MAUGUIO
Publication manager: Idell MARIN - firstname.lastname@example.org
The publication manager is a natural or a legal person.
Webmaster: OVEA: 59 59 59 Rue Nelson Mandela, 34000 Montpellier - email@example.com
Host: OVEA - 59 59 59 Rue Nelson Mandela 34000 Montpellier +33 4 67 67 67 00 00
Data Protection Officer: Nebojsa STOJANOVIC - firstname.lastname@example.org
2. General conditions of use of the website and the services offered.
The Website constitutes an intellectual work protected by the provisions of the Intellectual Property Code and International Regulations which are applicable. The Client may not in any way reuse, transfer or exploit for its own account all or parts of the elements or works of the Website.
This website is normally accessible to users at all times. However, dms.com may decide to interrupt the service for technical maintenance purposes and will inform users in advance the dates and times of the maintenance. The dms.com website is regularly updated by its publication manager. In the same way, the legal notices may be modified at any time: they are nevertheless enforced to the user, who is invited to refer to them as often as possible in order to become aware of the possible modifications.
3. Description of the services provided.
The purpose of the dms.com website is to provide information about all the company's activities. The website endeavor to provide on dms.com information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with this information.
All the communications on the dms.com website are given for information purposes only, and are subject to change. In addition, the information on the dms.com website are not exhaustive. They are given subject to modifications that have been made since they were put online.
4. Contractual limitations on technical data.
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year.
However, he reserves itself the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance, infrastructure improvement, infrastructure failure or if the Benefits and Services generate traffic deemed abnormal.
dms.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked to the network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
dms.com is the owner of the intellectual property rights and holds the user rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, whatever the means or process used, is prohibited, except with the prior written authorization of: dms.com.
Any unauthorized use of the website or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L. 335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
dms.com acts as the publisher of the website. dms.com and is responsible for the quality and accuracy of the Content it publishes.
dms.com cannot be held liable for direct and indirect damage caused to the user's equipment when accessing the dms.com website, 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.
dms.com shall also not be liable for indirect damages (such as loss of market share or loss of opportunity) resulting from the use of the dms.com website. Interactive areas (possibility of asking questions in the contact area) are available to users. dms.com reserves the right to delete, without prior notice, any content deposited in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, dms.com also reserves itself the right to hold the user liable under civil and/or criminal law, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulations (RGPD: n° 2016-679).
7.1 Persons responsible for collecting personal data
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: DIAGNOSTIC MEDICAL SYSTEMS. dms.com is represented by Mr Jean-Paul ANSEL, his legal representative
As the person responsible for processing the data it collects, dms.com is committed to respect the legal provisions in force. It is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with full information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever dms.com processes Personal Data, dms.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which dms.com processes it.
7.2 Purpose of the data collected
dms.com is likely to process all or parts of the data:
to allow navigation on the Website and the management and traceability of the services and services ordered by the user: connection and use data of the website, invoicing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for browsing, IP address, password (hashed)
to improve navigation on the website: login and usage data
to conduct optional satisfaction surveys on dms.com: email address
to conduct communication campaigns (sms, email): phone number, email address
dms.com does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, dms.com Users have the following rights:
right of access (Article 15 DGPS) and rectification (Article 16 DGPS), updating, completeness of Users' data right to block or delete Users' personal data (Article 17 of the DGPS), 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(2)(c) DGPS)
right to limit the processing of Users' data (Article 18 DGPS)
right to object to the processing of Users' data (Article 21 DGPS)
the right to the portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 DGPS)
right to define the fate of Users' data after their death and to choose to whom dms.com should communicate (or not) its data to a third party they have previously designated
As soon as dms.com becomes aware of the death of a User and in the absence of instructions from him, dms.com is committed to destroy his data, unless their storage is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how dms.com uses his Personal Data, request to rectify them or objects to their processing, the User may contact dms.com in writing at the following address:
DIAGNOSTIC MEDICAL SYSTEMS - DPO, Nebojsa STOJANOVIC
393 RUE CHARLES LINDBERG 34130 MAUGUIO.
In this case, the User must indicate the Personal Data that he or she would like dms.com to correct, update or delete, by identifying himself or herself 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 dms.com by law, in particular with regard to the storage or archiving of documents. Finally, dms.com Users can file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
dms.com will not process, host or transfer Information collected about its Customers to a country outside the European Union or recognized as "not adequate" by the European Commission without first informing the customer. Nevertheless, dms.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).
dms.com is committed to take all necessary precautions to preserve the security of the Information and in particular that it will not be communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of dms.com, dms.com must inform the Customer as soon as possible and inform him of the corrective measures taken. In addition, dms.com does not collect any "sensitive data".
User's Personal Data may be processed by subsidiaries of dms.com and subcontractors (service providers) exclusively for 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 dms.com Users 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 the dms.com website is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of dms.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 store and modify the data about the user of the dms.com website.
To ensure the security and confidentiality of Personal Data and Personal Health Data, dms.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, dms. includes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links "cookies" and internet tags
The dms.com website contains a certain number of hypertext links to other websites, set up with the authorization of dms.com. However, dms.com has no possibility of verifying the content of the visited websites and will therefore not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the website 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 website.
A "cookie" is a small information file sent to the User's browser and stored on 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 do not risk damaging the User's terminal in any way.
dms.com may process information about the User's visit to the Website, such as the pages visited and the searches carried out. This information allows dms.com to improve the content of the Website and the User's navigation.
Cookies facilitate the navigation and/or provision of the services offered by the website, 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 so that the acceptance or rejection of Cookies is offered to him from time to time, before a Cookie is likely to be registered in his device. dms.com informs the User that, in this case, it may not be possible to access all the features of his browser software.
If the User refuses to accept cookies in his or her device or browser, or if the User deletes cookies registered there, the User is informed that his or her browsing and experience on the Website may be limited. This could also be the case when dms.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, dms.com declines all responsibility for the consequences related to the degraded operation of the Website and any services offered by dms.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for dms.com 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. In addition, dms.com may use the services of external service providers to help collect and process the information described in this section.
Finally, by clicking on the icon dedicated to Linkedin social network on the dms.com website or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the dms.com website or mobile application, Linkedin can also deposit cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent, by continuing to browse the Website. At any time, the User may nevertheless withdraw his consent for dms.com to place this type of cookie.
Article 9.2. INTERNET TAGS
dms.com may occasionally use Internet tags (also known as "tags", or action tags, single-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 advertisements allowing Internet users to access the Website, and on the various pages of the Website.
This technology allows dms.com to evaluate visitors' responses to the Website 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 Website.
The external service provider may collect information about visitors to the website and other websites through these tags, compile reports on the activity of the website for dms.com, and provide other services related to the use of the website and the Internet.
10. Applicable law and jurisdiction.
Any dispute related to the use of the dms.com website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of Montpellier