Definitions
Client: Any professional or individual capable under Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general terms and conditions.
Services: http://mcfair.com provides Clients with:
Content: All elements constituting the information present on the Site, including texts, images, and videos.
Client Information: Hereinafter referred to as “Information(s)” which corresponds to all personal data that may be held by http://mcfair.com for managing your account, customer relations, and for analysis and statistical purposes.
User: Internet user connecting to and using the aforementioned site.
Personal Data: “Information that allows, in any form, directly or indirectly, the identification of the individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 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
In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, for trust in the digital economy, users of the website http://mcfair.com are informed of the identity of the various parties involved in its creation and follow-up:
Owner: Jeoffroi Lécuyer – 35 Asfordby Rd DL11 2QU ALDBROUGH ST JOHN
Publication Manager: Royce Grignon – royceGrignon@jourrapide.com
The publication manager may be a natural person or a legal entity.
Webmaster: Royce Grignon – royceGrignon@jourrapide.com
Host: Gandi – 63-65 Boulevard Masséna 75013 Paris 01 70 37 76 61
Data Protection Officer: Royce Grignon – royceGrignon@jourrapide.com
2. General Terms of Use for the Site and Services Provided
The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not, in any way, reuse, assign, or exploit for their own benefit all or part of the elements or works of the Site.
Using the site http://mcfair.com implies full and unconditional acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; therefore, users of the site http://mcfair.com are encouraged to review them regularly.
This website is normally accessible at all times to users. However, an interruption for technical maintenance may be decided by http://mcfair.com, which will make efforts to inform users in advance of the dates and times of the intervention. The website http://mcfair.com is regularly updated by http://mcfair.com responsible. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user who is encouraged to refer to them as often as possible to stay informed.
3. Description of Services Provided
The website http://mcfair.com aims to provide information about the company’s activities. http://mcfair.com strives to provide information on the site http://mcfair.com that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in updating, whether caused by itself or by third-party partners who provide this information.
All information provided on the site http://mcfair.com is for informational purposes only and is subject to change. Additionally, the information on the site http://mcfair.com is not exhaustive. It is provided subject to modifications that may have been made since its publication online.
4. Contractual Limitations on Technical Data
The site uses JavaScript technology. The website cannot be held responsible for material damages related to the use of the site. Furthermore, the site user agrees to access the site using up-to-date equipment, free of viruses, and with an up-to-date modern browser. The site http://mcfair.com 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 goal is to provide a service that ensures the best accessibility rate. The host guarantees the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance, improvement of its infrastructure, infrastructure failures, or if the Services generate what is deemed abnormal traffic.
http://mcfair.com and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephony equipment, notably related to network congestion preventing access to the server.
5. Intellectual Property and Counterfeiting
http://mcfair.com is the owner of the intellectual property rights and holds the usage rights for 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 site’s elements, regardless of the method or process used, is prohibited without prior written permission from http://mcfair.com.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting counterfeiting and will be prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of Liability
http://mcfair.com acts as the publisher of the site. http://mcfair.com is responsible for the quality and accuracy of the Content it publishes.
http://mcfair.com cannot be held responsible for direct and indirect damages caused to the user’s equipment when accessing the website http://mcfair.com, resulting either from the use of equipment not meeting the specifications indicated in section 4 or from the occurrence of a bug or incompatibility.
http://mcfair.com also cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site http://mcfair.com. Interactive spaces (such as the ability to ask questions in the contact area) are available to users. http://mcfair.com reserves the right to delete, without prior notice, any content posted in this space that violates applicable French legislation, particularly provisions related to data protection. If necessary, http://mcfair.com also reserves the right to hold the user civilly and/or criminally liable, especially in the case of messages of a racist, offensive, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).
7. Management of Personal Data
The Client is informed of regulations regarding marketing communication, the Law of June 21, 2014 for Confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Data Collection Responsibilities
For the Personal Data collected during the creation of the User’s personal account and their navigation on the Site, the data controller is: Jeoffroi Lécuyer. http://mcfair.com is represented by Royce Grignon, its legal representative.
As the data controller of the data it collects, http://mcfair.com is committed to adhering to the framework of applicable legal provisions. It is the Client’s responsibility to define the purposes of their data processing, to provide their prospects and clients, from the collection of their consents, with complete information on the processing of their personal data, and to maintain a processing register that reflects reality. Whenever http://mcfair.com processes Personal Data, http://mcfair.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data concerning the purposes for which http://mcfair.com processes it.
7.2 Purpose of Collected Data
http://mcfair.com may process all or part of the data:
- to enable navigation on the Site and manage and track the services and orders placed by the user: connection and usage data, billing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on http://mcfair.com: email address
- to conduct communication campaigns (SMS, email): phone number, email address
http://mcfair.com does not sell your personal data, which is used solely for necessary purposes or for statistical and analytical purposes.
7.3 Right of Access, Rectification, and Opposition
In accordance with current European regulations, Users of http://mcfair.com have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completion of User data, right to block or erase Users’ personal data (Article 17 GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or when the collection, use, communication, or retention is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to restrict processing of User data (Article 18 GDPR)
- right to object to the processing of User data (Article 21 GDPR)
- right to data portability of the data provided by Users when such data is subject to automated processing based on their consent or a contract (Article 20 GDPR)
- right to define the fate of Users’ data after their death and to choose to whom http://mcfair.com should communicate (or not) their data to a third party they have previously designated
As soon as http://mcfair.com becomes aware of a User’s death and in the absence of instructions from them, http://mcfair.com undertakes to destroy their data, unless their retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how http://mcfair.com uses their Personal Data, request corrections, or oppose their processing, the User can contact http://mcfair.com in writing at the following address:
Jeoffroi Lécuyer – DPO, Royce Grignon35 Asfordby Rd DL11 2QU ALDBROUGH ST JOHN.
In this case, the User must specify the Personal Data they wish http://mcfair.com to correct, update, or delete, while identifying themselves precisely with a copy of an ID (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on http://mcfair.com by law, particularly concerning the retention or archiving of documents. Finally, Users of http://mcfair.com can file a complaint with supervisory authorities, notably the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of Personal Data
http://mcfair.com prohibits itself from processing, hosting, or transferring the Information collected about its Clients to a country outside the European Union or recognized as “non-adequate” by the European Commission without prior notification to the client. However, http://mcfair.com 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: No. 2016-679).
http://mcfair.com undertakes to take all necessary precautions to ensure the security of the Information and notably to ensure that it is not disclosed to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information comes to http://mcfair.com‘s attention, it will notify the Client as soon as possible and inform them of the corrective measures taken. Furthermore, http://mcfair.com does not collect any “sensitive data.”
User’s Personal Data may be processed by http://mcfair.com affiliates and subcontractors (service providers), solely for the purposes outlined in this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main people likely to access the data of http://mcfair.com Users are primarily our customer service agents.
8. Incident Notification
Regardless of the efforts made, no method of transmission over the Internet and no electronic storage method is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected users so they can take appropriate measures. Our incident notification procedures comply with our legal obligations, whether at the national or European level. We are committed to fully informing our clients about any issues related to the security of their accounts and providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the site http://mcfair.com is published without the user’s knowledge, exchanged, transferred, assigned, or sold to third parties on any medium. Only the possibility of acquiring http://mcfair.com and its rights would allow the transmission of said information to the potential buyer, who would then be bound by the same obligation to preserve and modify data concerning the user of the site http://mcfair.com.
Security
To ensure the security and confidentiality of Personal Data and Health Data, http://mcfair.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, http://mcfair.com takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hyperlinks, Cookies, and Internet Tags
The site http://mcfair.com contains a number of hyperlinks to other sites, set up with the authorization of http://mcfair.com. However, http://mcfair.com cannot verify the content of the sites visited and, therefore, will not assume any responsibility for this.
Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time for free using the options provided and described below, knowing 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, as well as the date and time of access. Cookies cannot damage the user’s device in any way.
http://mcfair.com may process information about the user’s visit to the Site, such as the pages viewed and searches performed. This information allows http://mcfair.com to improve the content of the Site and the user’s navigation experience.
Cookies facilitate navigation and/or the provision of services offered by the Site, so the user can configure their browser to decide whether or not to accept cookies, so that cookies are saved on the device or, conversely, rejected, either systematically or according to their issuer. The user can also configure their browsing software to offer acceptance or refusal of cookies on a case-by-case basis, before a cookie is likely to be saved on their device. http://mcfair.com informs the user that, in this case, not all features of their browsing software may be available.
If the user refuses to save cookies on their device or browser, or if the user deletes cookies already saved, the user is informed that their browsing and experience on the Site may be limited. This could also be the case when http://mcfair.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, language and display settings, or the country from which the device appears to be connected to the Internet.
In such cases, http://mcfair.com disclaims any responsibility for the consequences related to the degraded operation of the Site and any services that may be offered by http://mcfair.com, resulting (i) from the user’s refusal of cookies (ii) from http://mcfair.com‘s inability to save or view necessary cookies due to the user’s choice. For managing cookies and user choices, each browser’s configuration is different. It is described in the browser’s help menu, which will explain how the user can modify their cookie preferences.
At any time, the user can choose to express and modify their preferences regarding cookies. http://mcfair.com may also use external service providers to help collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn, and Google Plus on the http://mcfair.com site or its mobile application, and if the user has accepted the placement of cookies by continuing to navigate on the http://mcfair.com site or mobile application, 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 your navigation on the http://mcfair.com site or mobile application. However, the user can always withdraw their consent for http://mcfair.com to place such cookies.
Article 9.2. Internet Tags
http://mcfair.com may occasionally use Internet tags (also called “tags,” or action tags, 1×1 pixel GIFs, transparent GIFs, invisible GIFs, and 1×1 GIFs) and deploy them through a web analytics partner who may be located (and thus store corresponding information, including the user’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing users to access the Site and on various pages of the Site.
This technology allows http://mcfair.com 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 viewed), as well as the user’s use of the Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site’s activity for http://mcfair.com, and provide other services related to the use of the Site and the Internet.
10. Applicable Law and Jurisdiction
Any dispute related to the use of the http://mcfair.com site is subject to French law. Except where the law does not permit it, exclusive jurisdiction is given to the competent courts of Road CUMRUE.