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Last update on 29 November 2019
“Website content“: any kind of information published on the Website, that may or may not be protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
“Internet user“: any person connecting to the Website.
“Website“: website accessible at the URL www.heartfertilitycoach.com, as well as sub-sites, mirror sites, portals and URL variations relating thereto.
The Internet user recognises the probative value of “Heart Fertility Coach”’s automatic registration systems and, unless the user can provide evidence to the contrary, gives up the right to contest them in the event of disputes.
4. PERSONAL DATA
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on 14 April 2016 and the national legislation in effect, “Heart Fertility Coach” provides you with the following information:
1. Identity of the Data Controller
The person responsible for the collection and data processed on the Website is “Heart Fertility Coach”, 33 avenue Philippe-Auguste, 75011 Paris, FRANCE, SIREN number: 539 771 444.
2. Identity of the Data Protection Officer (DPO)
The identity of the Data Protection Officer is Mr Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, FRANCE, email address: , telephone number: 01 77 62 82 03.
3. Data collection by “Heart Fertility Coach”
3.1 Data collected
Data collected when browsing
When browsing the Website, you consent to “Heart Fertility Coach” collecting information relating to: your use of the Website, the content you consult and click on, your demographic data, the device used and its software environment, your location, your connection data (times, pages viewed, IP address…).
Data collected when using the contact email address
The use of the contact email address by the Internet user implies the collection by “Heart Fertility Coach” of the following personal data: email address.
Users who do not wish to provide the required information will not be able to send a message to “Heart Fertility Coach” directly from the Website.
Data collected when using one of the registration forms as the recipient of the service
In the context of the use of one of the registration forms by the Internet user, “Heart Fertility Coach” may be required to collect and process personal data such as: first name, last name, email address, phone number, date of birth, postal address, first and last name and phone number of an emergency contact, first and last name and email address of accompanying person at a retreat, Skype ID, the choice of language spoken (this list may not be exhaustive).
Data collected when using the newsletter form
In the context of the use of the newsletter form, “Heart Fertility Coach” may be required to collect and process: your email address, first name and last name.
Data collected when using the forms to communicate the dates of next retreats (3 or 6 days)
In the context of the use of these forms, “Heart Fertility Coach” may be required to collect and process: your email address, first name and last name, the locations where you would like to do your retreat, the choice of language spoken.
3.2 Purposes of the collection of personal data
The data collected when browsing is automatically processed in order to:
Contextualise and improve the Internet user’s experience
The data collected when using the contact email address is automatically processed in order to:
Provide a detailed answer to the Internet user
Send information to and contact the Internet user, including by email, telephone
The data collected when using one of the registration forms is automatically processed in order to:
Fulfill contractual obligations
Avoid any unlawful or illegal activity
Enforce the general terms
Carry out legal proceedings
Verify the identity of Clients
The data collected when using the newsletter form is automatically processed in order to:
Send newsletters to the Internet user
The data collected when using the forms to communicate the dates of next retreats is automatically processed in order to:
Communicate the next dates of retreats and more details on the retreats to the Internet user
3.3. Legal basis for processing
The data collected when browsing has as a legal basis the legitimate interest of “Heart Fertility Coach”, namely to carry out an analysis of behaviour on the Website and to obtain improved safety and functioning of the Website. Some of this data, such as that resulting from the implementation of certain cookies, can have as a legal basis the consent of individuals.
The data collected when using the contact email address has as a legal basis the consent of the persons concerned.
The data collected when using one of the registration forms as reseller has as a legal basis a contractual relation.
The data collected when using the newsletter form has as a legal basis the consent of the persons concerned.
The data collected when using the forms to communicate the dates of next retreats has as a legal basis the consent of the persons concerned.
3.4. Data recipients
The collected data can only be viewed by “Heart Fertility Coach” within the bounds strictly necessary to fulfill contractual obligations.
This data, whether individually or in the aggregate, is never made freely viewable by a physical third person.
3.5 Length of storage of personal data
The personal data collected when browsing is stored for a reasonable period of time necessary for the proper administration of the Website and for a maximum of 13 months.
The personal data collected when using the contact email adress is stored for a reasonable length of time necessary for the proper management of the request of the Internet user and for a maximum of 12 months.
The data collected when using one of the registration forms is stored for the duration of the contractual relation between Mrs Laila ALFANO and the Internet user, and for the duration during which “Heart Fertility Coach” may be held liable.
The data collected when using the newsletter form is stored until the withdrawal of the consent of the persons concerned.
The data collected when using the forms to communicate the dates of next retreats is stored until the withdrawal of the consent of the persons concerned.
Beyond these timeframes of storage, “Heart Fertility Coach” agrees to permanently delete the data of the persons concerned without keeping a copy.
3.6 Security and confidentiality of personal data
Personal data is stored in secure conditions, according to the current means for doing so, in compliance with the provisions of the General Data Protection Regulation and the national legislation in effect.
Access to the premises of “Heart Fertility Coach” is also secure.
3.7 Minimisation of personal data
“Heart Fertility Coach” may also collect and process any data transmitted voluntarily by an Internet user, in particular via the contact email adress.
“Heart Fertility Coach” directs Internet users as much as possible when they provide useless or superfluous personal data.
“Heart Fertility Coach” agrees to only store and process the data strictly necessary for her activities, and will delete any useless data received as soon as possible.
5. RESPECTING RIGHTS
You have the following rights regarding your personal data, which can be exercised by writing to “Heart Fertility Coach” by email at: firstname.lastname@example.org.
Right of information, access and data communication
You have the possibility to access the personal data that concerns you.
Due to “Heart Fertility Coach”’s security and confidentiality obligations in the processing of personal data, your request will only be processed if you provide proof of your identity, in particular by a scan of your valid ID (in the event of a request sent by email to email@example.com) or a signed photocopy of your valid ID (in the event of a request sent in writing), both accompanied by the notation “I certify on my honour that the copy of this piece of identification is an exact copy of the original. [City], [Date]“, followed by your signature.
To help you, you will find a letter template here prepared by the Cnil.
Right of rectification, deletion and right to forget data
You have the possibility to request the rectification, updating, locking, or deletion of your personal data that may be inaccurate, incorrect, incomplete, or obsolete.
You can also define general and specific guidelines regarding the handling of your personal data after your death. As applicable, the heirs of a deceased person may require that the death of their loved one be taken into consideration and/or that the necessary updates be made
To help you, you will find a letter template here prepared by the Cnil.
Right to oppose data processing
You have the possibility to oppose the processing of your personal data.
To this end, you will have to write an email to firstname.lastname@example.org. In this email, you will have to specify the data you want to be erased as well as the reasons justifying this request, unless it is commercial prospection.
Right to data portability
You have the right to receive the personal data you have provided to “Heart Fertilty Coach” in a transferrable, open and readable format.
Right to restriction of processing
You have the right to request that the processing of your personal data by “Heart Fertility Coach” be limited. As such, your data will only be able to be stored and not further used by “Heart Fertility Coach”.
“Heart Fertility Coach” agrees to respond to each access, rectification or opposition request or any other additional request for information within a reasonable period of time, which may not exceed 1 month from the receipt of your request.
Complaint to the competent authority
If you consider that “Heart Fertility Coach” is not complying with her obligations regarding your personal information, you may submit a complaint or request to the competent authority. In France, the competent authority is the Cnil, to which you can submit a request here.
6. TRANSFER OF COLLECTED DATA
Transfer to partners
“Heart Fertility Coach” informs you that she uses authorised service providers to facilitate the collection and processing of the data you have provided to her. These service providers may be located outside the European Union, and the data collected on the Website is communicated to them.
“Heart Fertility Coach” has previously ensured the implementation by its providers of adequate safeguards and compliance with strict conditions of confidentiality, use and protection of data, for example via Privacy Shield (US).
The Internet user agrees that the data collected will be transmitted by “Heart Fertility Coach” to her partners and will be processed by these partners in the context third-party services, namely:
Transfer on requisition or court order
The Internet user also agrees that “Heart Fertility Coach” may communicate the data collected to any person, on the requisition of a state authority or by court order.
Transfer as part of a merger or acquisition
If “Heart Fertility Coach” is involved in a merger, asset sale, financing transaction, liquidation or bankruptcy or in the event of the acquisition of all or part of her business by another company, the Clients consent to the data collected being transferred by “Heart Fertility Coach” to this company and this company carrying out the processing of personal data referred to in these general terms of service instead of “Heart Fertility Coach”.
In accordance with Article 34 of the French law of 6 January 1978 relating to data, files and freedoms, the Client has right of access, modification, rectification and deletion of personal data concerning him or her.
This right can be exercised by contacting “Heart Fertility Coach” by email at email@example.com.
The information given by the Client is strictly confidential and for the exclusive use of the Website that agrees to not share Client data with third parties.
7. POLICY RELATING TO TRACERS/COOKIES
When you first connect to the “Heart Fertility Coach” Website, you are notified by a banner at the bottom of your screen that information regarding your browsing may be stored in files called “cookies“. Our cookie use policy allows you to better understand the provisions that we implement in terms of navigation on our Website. It informs you in particular about all cookies on our Website, their purpose, and gives you the procedure to follow to configure them.
1. Use of tracers/cookies
As publisher of this Website, “Heart Fertility Coach”, may proceed with the implantation of a cookie and other tracer on the hard drive of your terminal (computer, tablet, mobile, etc.) to ensure the smooth and optimal navigation on our Website.
“Cookies“ are small text files that allow us to recognise your computer, tablet or mobile device in order to personalise the services we offer you.
To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the “Heart Fertility Coach” website, their name, purpose, and their storage length.
2. Purpose of tracers
With the help of the information contained in the tracers and cookies used, “Heart Fertility Coach” can analyse the visits and use made of the Website and, if necessary, facilitate and improve browsing, carry out prospecting operations, develop commercial statistics or display targeted ads.
3. Tracers used
4. Configuring your cookie preferences
When you first connect to the “Heart Fertility Coach” Website, a banner briefly outlining information about the deposit of cookies and similar technologies will appear at the bottom of your screen. This banner allows you to configure the cookies that will be applied to you when you browse the Website. You are deemed to have consented to the deposit of cookies by clicking on the “I accept“ icon to the right of the banner at the bottom of your screen.
4.1 Cookies exempt from consent
In accordance with the recommendations of the French National Commission for Information Technology and Liberties (Cnil), certain cookies are exempt from the prior request for your consent if they are absolutely necessary for the operation of the Website or if their sole purpose is that of enabling or facilitating electronic communication. This includes session ID, verification, load balancing session cookies, as well as cookies for customising your interface. These cookies are completely subject to this Policy as long as that they are issued and managed by “Heart Fertility Coach”.
4.2 Cookies requiring the prior request for your consent
This requirement applies to third-party cookies that are termed “persistent“ as long as they remain on your terminal until deleted or expired.
Since such cookies are issued by third parties, their use and deposit are subject to their own privacy policies. This cookie family includes audience measurement cookies, advertising cookies and social network sharing cookies.
Audience measurement cookies provide statistics about the visits and use of various elements of the Website (such as content/pages you have visited). This data helps improve the ergonomics of the “Heart Fertility Coach” Website.
You can freely accept or refuse the deposit of this type of cookies. They will be disabled by default during your browsing.
5. Maximum storage length of tracers
Tracers are intended to be stored on the computer station of the Internet user for a duration of up to 13 months. This data is stored in secure conditions, according to the current means for doing so, in compliance with the provisions of the General Data Protection Regulation and the national legislation in effect.
6. Opposition to the use of tracers
6.1 Freedom to oppose the use of tracers
The Internet user can delete or disable the use of tracers whenever he or she wishes by modifying the configuration of his or her browser. It is possible to consult the Website without tracers. However, some of the Website’s additional functions may not work if the Internet user has disabled the use of tracers, such as the autocompletion of forms or browsing indicators.
Each Internet browser has its own cookie management settings. The Internet user can configure his or her browser software so that cookies are rejected, either systematically or depending on their issuer. The Internet user can also configure his or her browsing software so that his or her acceptance or refusal of cookies is periodically requested, before a cookie is likely to be registered on his or her terminal.
For the management of cookies and the Internet user’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which explains how to change cookie preferences:
For more information on the tools for controlling cookies, you can consult the dedicated page on the Cnil website here.
6.3 Modifying cookie consent
Loading cookie declaration
8. INTELLECTUAL PROPERTY
1. Legal protection of Website content
The Website content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without the consent of “Heart Fertility Coach” or its successors or assignees is a violation of Books I and III of the Code of Intellectual Property, and may give rise to prosecution for infringement.
2. Contractual protection of Website content
The Internet user contractually agrees in respect of “Heart Fertility Coach” to not use, reproduce,or represent in any way the Website content, whether or not it is protected by intellectual property rights, for a purpose other than his or her reading by a robot or a browser. This prohibition does not apply to web crawlers which have the sole purpose of scanning the Website content for indexing purposes.
9. FINAL STIPULATIONS
The invalidity of any clause of this agreement will not invalidate the remaining agreement clauses or the agreement as a whole, which will retain its full force and scope. In such a case, the parties will, as far as possible, replace the invalid provision with a valid provision that corresponds to the spirit and purpose of this Policy.
Lack of exercise by “Heart Fertility Coach” of rights herein acknowledged shall in no case be construed as a waiver of those rights.
These terms are written in French.
5. Unfair terms
The stipulations in these terms apply subject to compliance with the mandatory provisions of the Consumer Code on unfair terms in contracts entered into between a professional and a consumer.
1. Applicable law
By order No. 2015-1033 of 20 August 2015, any disputes that may arise in the context of the fulfillment of these general terms, and for which an amicable solution has not previously been found between the parties, must be submitted to Medicys: www.medicys.fr.
Any dispute concerning or in relation to this agreement must be settled by arbitration in accordance with the FastArbitre regulation of the Digital Institute of Arbitration and Mediation.