Legal notice

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

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, assign, or exploit for its own account all or part of the Site’s elements or work.

Use of the site www.kenzenshiatsu.fr implies full and unreserved acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of www.kenzenshiatsu.fr are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by www.kenzenshiatsu.fr, which will then endeavour to inform users in advance of the dates and times of the intervention. The website www.kenzenshiatsu.fr is updated regularly by the responsible party at www.kenzenshiatsu.fr. Likewise, the legal notices may be modified at any time; they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to review them.

3. Description of the services provided

The website www.kenzenshiatsu.fr aims to provide information about all of the organisation’s activities. www.kenzenshiatsu.fr endeavours to provide information on www.kenzenshiatsu.fr that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies, or deficiencies in updating, whether these are its own fault or that of third-party partners supplying such information.

All information on www.kenzenshiatsu.fr is provided for information purposes only and may change. Furthermore, the information on www.kenzenshiatsu.fr is not exhaustive. It is provided subject to changes that may have been made since it was published online.

4. Contractual limitations on technical data

The site uses JavaScript technology. The website cannot be held liable for material damage related to use of the site. In addition, the user undertakes to access the site using recent equipment that does not contain viruses and using an up-to-date browser. The site www.kenzenshiatsu.fr is hosted by a provider in the European Union in accordance with the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).

The objective is to provide a service that ensures the best possible level of accessibility. The host ensures continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, improvement of its infrastructure, infrastructure failure, or if the services generate traffic deemed abnormal.

www.kenzenshiatsu.fr and the host cannot be held liable in the event of malfunction of the internet network, telephone lines, or computer and telephony equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and infringement

www.kenzenshiatsu.fr owns the intellectual property rights and holds the rights of use to all elements accessible on the website, including texts, images, graphics, logos, videos, 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 prior written authorisation from www.kenzenshiatsu.fr.

Any unauthorised exploitation of the site or any of the elements it contains will be deemed to constitute infringement and will be prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of liability

www.kenzenshiatsu.fr acts as the publisher of the site. www.kenzenshiatsu.fr is responsible for the quality and accuracy of the Content it publishes.

www.kenzenshiatsu.fr cannot be held liable for direct or indirect damage to the user’s equipment when accessing www.kenzenshiatsu.fr, resulting either from the use of equipment that does not meet the specifications indicated in Section 4, or from the occurrence of a bug or incompatibility.

www.kenzenshiatsu.fr may also not be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from use of www.kenzenshiatsu.fr. Interactive areas (such as the ability to ask questions via the contact section) are available to users. www.kenzenshiatsu.fr reserves the right to delete, without prior formal notice, any content posted in this space that contravenes applicable law in France, in particular provisions relating to data protection. Where applicable, www.kenzenshiatsu.fr also reserves the right to hold the user civilly and/or criminally liable, in particular in the case of messages of a racist, abusive, defamatory, or pornographic nature, whatever the medium used (text, photograph, etc.).

7. Processing of personal data

The Customer is informed of the regulations concerning marketing communications, the Law of 21 June 2004 on confidence in the digital economy, the French Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).

7.1 Data controllers

For Personal Data collected in connection with the creation of the User’s personal account and browsing on the Site, the controller of the Personal Data is: Cap Services – KenZen. www.kenzenshiatsu.fr is represented by Fannie Bournais, its legal representative.

As controller of the data it collects, www.kenzenshiatsu.fr undertakes to comply with the applicable legal framework. This includes, in particular, defining the purposes of its processing, providing prospects and customers with full information on the processing of their personal data from the time their consent is collected, and maintaining a processing register that reflects reality. Whenever www.kenzenshiatsu.fr processes Personal Data, www.kenzenshiatsu.fr takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which www.kenzenshiatsu.fr processes them.

7.2 Purposes of the data collected

www.kenzenshiatsu.fr may process all or part of the following data:

• to enable browsing on the Site and the management and traceability of services ordered by the user: connection and usage data, billing, order history, etc.;
• to prevent and combat IT fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed);
• to improve browsing on the Site: connection and usage data;
• to conduct optional satisfaction surveys on www.kenzenshiatsu.fr: email address;
• to conduct communication campaigns (SMS, email): phone number, email address.

www.kenzenshiatsu.fr does not sell your personal data; they are therefore used only as necessary or for statistical and analytical purposes.

7.3 Right of access, rectification, and objection

In accordance with applicable European regulations, users of www.kenzenshiatsu.fr have the following rights:

• right of access (Article 15 GDPR) and rectification (Article 16 GDPR), update, and completeness of users’ data; right to restriction or erasure of users’ personal data (Article 17 GDPR) when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure, or storage is prohibited;
• right to withdraw consent at any time (Article 13(2)(c) GDPR);
• right to restriction of processing of users’ data (Article 18 GDPR);
• right to object to processing of users’ data (Article 21 GDPR);
• right to data portability for 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 define what happens to users’ data after their death and to choose whether www.kenzenshiatsu.fr should disclose (or not) their data to a third party they have designated in advance.

As soon as www.kenzenshiatsu.fr becomes aware of a User’s death and in the absence of instructions from them, www.kenzenshiatsu.fr undertakes to destroy their data, unless retention is necessary for evidential purposes or to meet a legal obligation.

If a User wishes to know how www.kenzenshiatsu.fr uses their Personal Data, or to request rectification or object to processing, they may contact www.kenzenshiatsu.fr in writing at the following address:

Cap Services – KenZen – DPO, Fannie Bournais
11 Rue Duphot, 69003 Lyon, France.

In that case, the User must indicate which Personal Data they wish www.kenzenshiatsu.fr to correct, update, or delete, identifying themselves precisely with a copy of an identity document (national ID card or passport).

Requests for erasure of Personal Data will be subject to the legal obligations imposed on www.kenzenshiatsu.fr, in particular regarding retention or archiving of documents. Finally, users of www.kenzenshiatsu.fr may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/en).

7.4 Non-disclosure of personal data

www.kenzenshiatsu.fr refrains from processing, hosting, or transferring Information collected on its Customers to a country outside the European Union or recognised as “inadequate” by the European Commission without prior notice to the customer. Nevertheless, www.kenzenshiatsu.fr remains free to choose its technical and commercial subcontractors provided they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).

www.kenzenshiatsu.fr undertakes to take all necessary precautions to preserve the security of Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of a Customer’s Information is brought to the attention of www.kenzenshiatsu.fr, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, www.kenzenshiatsu.fr does not collect any “sensitive data”.

Users’ Personal Data may be processed by subsidiaries of www.kenzenshiatsu.fr and by subprocessors (service providers), solely in order to achieve the purposes set out in this policy.

Within the limits of their respective roles and for the purposes recalled above, the main persons likely to have access to users’ data on www.kenzenshiatsu.fr are our customer service staff.

8. Incident notification

No method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate measures. Our incident notification procedures take account of our legal obligations, whether at national or European level. We undertake to keep our customers fully informed of all matters relating to the security of their account and to provide all information necessary to help them meet their own regulatory reporting obligations.

No personal information of the user of www.kenzenshiatsu.fr is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the acquisition of www.kenzenshiatsu.fr and its rights would allow transmission of such information to the prospective purchaser, who would in turn be bound by the same obligation to store and modify data with regard to the user of www.kenzenshiatsu.fr.

Security

To ensure the security and confidentiality of Personal Data and health-related personal data, www.kenzenshiatsu.fr uses networks protected by standard measures such as firewalls, pseudonymisation, encryption, and passwords.

When processing Personal Data, www.kenzenshiatsu.fr takes all reasonable measures to protect them against loss, misuse, unauthorised access, disclosure, alteration, or destruction.

9. Hyperlinks, “cookies”, and internet tags

The site www.kenzenshiatsu.fr contains a number of hyperlinks to other sites, set up with the authorisation of www.kenzenshiatsu.fr. However, www.kenzenshiatsu.fr is not able to verify the content of sites thus visited and therefore assumes no liability in this respect.

Unless you choose to disable cookies, you agree that the site may use them. You may disable these cookies at any time, free of charge, using the deactivation options available to you and described 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 (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 cannot damage the User’s device.

www.kenzenshiatsu.fr may process information about the User’s visit to the Site, such as pages viewed and searches performed. This information enables www.kenzenshiatsu.fr to improve the Site’s content and the User’s browsing experience.

Because Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure their browser so that they can decide whether or not to accept them, so that Cookies are either stored on the device or rejected, either systematically or by sender. The User may also configure their browser so that acceptance or refusal of Cookies is offered from time to time before a Cookie may be stored on their device. www.kenzenshiatsu.fr informs the User that, in that case, not all browser features may be available.

If the User refuses the storage of Cookies on their device or browser, or deletes those stored there, the User is informed that browsing and experience on the Site may be limited. The same may apply when www.kenzenshiatsu.fr 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 connect to the internet.

Where applicable, www.kenzenshiatsu.fr disclaims any liability for consequences related to degraded operation of the Site and any services offered by www.kenzenshiatsu.fr, resulting (i) from the User’s refusal of Cookies or (ii) from www.kenzenshiatsu.fr’s inability to store or read the Cookies necessary for their operation due to the User’s choices. For the management of Cookies and the User’s choices, each browser’s configuration differs; it is described in the browser’s help menu, which explains how the User can change their Cookie preferences.

At any time, the User may choose to express and modify their wishes regarding Cookies. www.kenzenshiatsu.fr may also use external providers to help collect and process the information described in this section.

Finally, by clicking on the icons for the social networks Twitter, Facebook, LinkedIn, and Google Plus on www.kenzenshiatsu.fr’s Site or mobile app, and if the User has accepted the placement of cookies by continuing to browse www.kenzenshiatsu.fr’s 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 placed on your devices only if you consent by continuing to browse www.kenzenshiatsu.fr’s website or mobile app. At any time, the User may nevertheless withdraw consent to www.kenzenshiatsu.fr placing this type of cookie.

Section 9.2. Internet tags (“tags”)

www.kenzenshiatsu.fr may occasionally use internet tags (also called “tags”, action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-by-one GIFs) and deploy them through a web analytics partner that 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 Site and on its various pages.

This technology enables www.kenzenshiatsu.fr to assess visitors’ responses to the Site and the effectiveness of its actions (for example, how many times a page is opened and what information is viewed), as well as how the User uses the Site.

The external provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for www.kenzenshiatsu.fr, and provide other services relating to use of the Site and the internet.

10. Applicable law and jurisdiction

Any dispute relating to use of the site www.kenzenshiatsu.fr is governed by French law. Except where the law does not permit this, exclusive jurisdiction is assigned to the competent courts of Lyon.