Legal notice

Definitions

Customer: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Site governed by these terms and conditions.

Services: Napoon makes the following available to Customers:

Content: all elements comprising the information present on the Site, including but not limited to text, images, and videos.

Customer Information: hereinafter referred to as "Information," corresponding to all personal data that may be held by Napoon for the purposes of account management, customer relationship management, and analytical and statistical purposes.

User: any internet user connecting to or using the aforementioned site.

Personal Information: "information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it relates" (Article 4 of Act No. 78-17 of January 6, 1978).

The terms "personal data," "data subject," "processor," and "sensitive data" have the meaning set out in the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679).

1. Website presentation

Pursuant to Article 6 of Act No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, users of the website https://napoon.fr/ are informed of the identity of the various parties involved in its creation and operation:

Owner: SASU NAPOON, with share capital of €100, registered with the Paris Trade and Companies Register (R.C.S.) under number 990 011 959, SIRET 99001195900014, located at 200 rue de la Croix Nivert, 75015 Paris, France.

Publication Director: Dorian Tohou – contact@napoon.fr

The Publication Director is a natural person.

Webmaster: Dorian Tohou – contact@napoon.fr

Host: Shopify – 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, +1 650 253 0000

Data Protection Officer: Dorian Tohou – contact@napoon.fr

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

The Site is a work protected by the provisions of the French Intellectual Property Code and applicable international regulations. Customers may not, under any circumstances, reuse, transfer, or exploit for their own benefit all or part of the elements or works on the Site.

Use of the website https://napoon.fr/ implies full and unreserved acceptance of the terms of use described below. These terms may be amended or supplemented at any time, and users of https://napoon.fr/ are therefore invited to consult them regularly.

This website is generally accessible to users at all times. Napoon may, however, decide to suspend access for technical maintenance purposes, and will endeavor to notify users in advance of the dates and times of such intervention. The website https://napoon.fr/ is regularly updated by the person responsible for it. Likewise, this legal notice may be amended at any time; users are nonetheless bound by it and are encouraged to review it as often as possible.

3. Description of services provided

The purpose of the website https://napoon.fr/ is to provide information about the company's activities as a whole. Napoon strives to provide information on https://napoon.fr/ that is as accurate as possible. However, Napoon cannot be held liable for omissions, inaccuracies, or failures to update information, whether resulting from its own actions or from those of third-party partners who supply such information.

All information provided on https://napoon.fr/ is for informational purposes only and is subject to change. Furthermore, the information appearing on https://napoon.fr/ is not exhaustive and is provided subject to any modifications made since it was first published online.

4. Contractual limitations on technical data

The Site uses JavaScript technology. The website cannot be held liable for any material damage resulting from its use. In addition, users agree to access the Site using up-to-date equipment that is free of viruses and to use the latest version of their browser. The website https://napoon.fr/ is hosted by a provider located within the European Union, in accordance with the provisions of the GDPR (Regulation (EU) 2016/679).

The aim is to provide a service offering the best possible accessibility rate. The host ensures continuity of service 24 hours a day, every day of the year. It nevertheless reserves the right to suspend hosting for the shortest possible periods, particularly for maintenance, infrastructure improvements, infrastructure failures, or in the event of abnormal traffic generated by the Services.

Neither Napoon nor its host can be held liable in the event of malfunction of the internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting

Napoon owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the Site's elements, by any means or process whatsoever, is prohibited without Napoon's prior written authorization.

Any unauthorized 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 et seq. of the French Intellectual Property Code.

6. Limitation of liability

Napoon acts as the publisher of the Site. Napoon is responsible for the quality and accuracy of the Content published.

Napoon cannot be held liable for direct or indirect damage caused to a user's equipment when accessing the website https://napoon.fr/, resulting either from the use of equipment that does not meet the specifications set out in Section 4, or from the occurrence of a bug or incompatibility.

Napoon also cannot be held liable for indirect damages (such as loss of market share or loss of opportunity) resulting from use of the website https://napoon.fr/. Interactive spaces (such as the ability to ask questions in the contact section) are available to users. Napoon reserves the right to remove, without prior notice, any content posted in this space that violates applicable French law, particularly provisions relating to data protection. Where applicable, Napoon also reserves the right to pursue the civil and/or criminal liability of the user, particularly in the event of racist, abusive, defamatory, or pornographic content, regardless of the medium used (text, photograph, etc.).

7. Management of personal data

Customers are informed of the regulations regarding marketing communications, the Act of June 21, 2014 on Confidence in the Digital Economy, the French Data Protection Act (Loi Informatique et Libertés) of August 6, 2004, and the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679).

7.1 Parties responsible for collecting personal data

For Personal Data collected as part of the creation of a User's personal account and their browsing on the Site, the data controller is Napoon. Napoon is represented by Dorian Tohou, its legal representative.

As the controller of the data it collects, Napoon undertakes to comply with the applicable legal framework. It is the Customer's responsibility, in particular, to determine the purposes of its data processing, to provide its prospects and customers with complete information regarding the processing of their personal data based on the collection of their consent, and to maintain a record of processing activities that accurately reflects reality. Whenever Napoon processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Napoon processes it.

7.2 Purpose of data collected

Napoon may process all or part of the following data:

To enable browsing on the Site and the management and traceability of services and orders placed by the user: connection and usage data, billing information, order history, etc.; To prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, hashed password; To improve browsing on the Site: connection and usage data; To conduct optional satisfaction surveys on https://napoon.fr/: email address; To run communication campaigns (SMS, email): phone number, email address.

Napoon does not sell or trade personal data, which is therefore used solely as needed or for statistical and analytical purposes.

7.3 Right of access, rectification, and objection

In accordance with applicable European regulations, Users of Napoon have the following rights:

The right to access (Article 15 GDPR) and rectify (Article 16 GDPR), update, and complete their data; The right to restrict or erase their personal data (Article 17 GDPR), where it is inaccurate, incomplete, ambiguous, outdated, or where its collection, use, disclosure, or retention is prohibited; The right to withdraw consent at any time (Article 13-2c GDPR); The right to restrict the processing of their data (Article 18 GDPR); The right to object to the processing of their data (Article 21 GDPR); The right to data portability for data they have provided, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR); The right to determine what happens to their data after their death and to choose whether, and to whom, Napoon should disclose such data to a third party they have previously designated.

As soon as Napoon becomes aware of a User's death and in the absence of instructions from the User, Napoon undertakes to delete their data, unless retention is required for evidentiary purposes or to comply with a legal obligation.

Users who wish to find out how Napoon uses their Personal Data, or who wish to request rectification or object to its processing, may contact Napoon in writing at the following address:

Napoon – DPO, Dorian Tohou contact@napoon.fr 200 rue de la Croix Nivert, 75015 Paris, France

In such cases, Users must specify the Personal Data they would like Napoon to correct, update, or delete, and must provide precise identification along with a copy of an identity document (ID card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on Napoon by law, particularly with regard to document retention and archiving. Lastly, Users of https://napoon.fr/ may file a complaint with the relevant supervisory authorities, including the CNIL (French Data Protection Authority) at https://www.cnil.fr/fr/plaintes.

7.4 Non-disclosure of personal data

Napoon undertakes not to process, host, or transfer Information collected about its Customers to a country located outside the European Union, or recognized as "not adequate" by the European Commission, without first informing the customer. That said, Napoon remains free to choose its technical and commercial subcontractors, provided they offer sufficient guarantees with regard to the requirements of the GDPR (Regulation (EU) 2016/679).

Napoon undertakes to take all necessary precautions to preserve the security of Information, in particular to ensure that it is not disclosed to unauthorized persons. However, should an incident affecting the integrity or confidentiality of a Customer's Information come to Napoon's attention, Napoon will inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, Napoon does not collect any "sensitive data."

Users' Personal Data may be processed by Napoon's subsidiaries and subcontractors (service providers), solely for the purposes set out in this policy.

Within the limits of their respective duties and for the purposes mentioned above, the main individuals who may have access to Napoon Users' data are primarily our customer service agents.

8. Incident notification

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

No personal information of Napoon website Users is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium whatsoever to third parties. Only in the event of the sale of Napoon and its rights would such information be transferred to the potential buyer, who would in turn be bound by the same obligation regarding the retention and modification of data with respect to Napoon website Users.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, Napoon uses networks protected by standard measures such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, Napoon takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hyperlinks, "Cookies," and internet tags

The website https://napoon.fr/ contains a number of hyperlinks to other sites, set up with Napoon's authorization. However, Napoon has no way of verifying the content of the sites visited in this way and therefore assumes no liability whatsoever.

Unless you decide to disable Cookies, you agree that the Site may use them. You may disable Cookies at any time, free of charge, using the deactivation options described below, keeping in mind that doing so may reduce or prevent access to all or part of the Services offered by the Site.

9.1 "Cookies"

A "Cookie" is a small piece of information sent to the User's browser and stored on the User's device (e.g., computer, smartphone) (hereinafter "Cookies"). This file contains information such as the User's domain name, internet service provider, operating system, as well as the date and time of access. Cookies cannot, under any circumstances, damage the User's device.

Napoon may process information about the User's visit to the Site, such as pages viewed and searches performed. This information allows Napoon to improve the content of the Site and the User's browsing experience.

Since Cookies facilitate browsing and/or the provision of services offered by the Site, Users can configure their browser to decide whether or not to accept them, so that Cookies are either stored on their device or rejected, either systematically or depending on their issuer. Users can also configure their browser software so that they are prompted, on a case-by-case basis, to accept or decline Cookies before a Cookie is stored on their device. Napoon informs Users that, in this case, some features of their browser software may not be available.

If Users decline to have Cookies stored on their device or browser, or if they delete Cookies already stored, they are informed that their browsing and experience on the Site may be limited. This may also be the case where Napoon or one of its service providers is unable to 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 connecting to the internet.

Where applicable, Napoon disclaims all liability for any consequences resulting from the degraded operation of the Site and any services offered by Napoon resulting from (i) the User's refusal of Cookies, or (ii) Napoon's inability to store or access Cookies necessary for their proper functioning due to the User's choice. The configuration of Cookies and User choices varies by browser. Instructions are provided in each browser's help menu, which will explain how Users can change their Cookie preferences.

Users may, at any time, choose to express or change their Cookie preferences. Napoon may also use external service providers to help collect and process the information described in this section.

Lastly, by clicking on the icons dedicated to the Twitter, Facebook, LinkedIn, and Google Plus social networks on the https://napoon.fr/ website or in its mobile application, and if the User has accepted the placement of Cookies by continuing to browse the website or mobile application of https://napoon.fr/, 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 with your consent, given by continuing to browse the Napoon website or mobile application. Users may, at any time, withdraw their consent to Napoon placing this type of Cookie.

9.2 Internet "Tags"

Napoon may occasionally use internet tags (also known as "tags," action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and 1x1 GIFs) and deploy them through a specialized web analytics partner, which 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 that direct internet users to the Site, and on the Site's various pages.

This technology allows Napoon to assess visitor 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 this Site.

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

10. Governing law and jurisdiction

Any dispute relating to the use of the website https://napoon.fr/ is governed by French law. Except where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Paris.