Definitions

Customer: any professional or capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site covered by these general terms and conditions.
Services: https://www.shellby.io provides Customers with:

Content: All the elements making up the information present on the Site, notably text, images and videos.

Customer information: Hereinafter referred to as « Information(s) », corresponding to all the personal data likely to be held by https://www.shellby.io for the management of your account, of the customer relationship, and for analysis and statistical purposes.

User: Any internet user connecting to and using the aforementioned site.

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 French law n° 78-17 of 6 January 1978).

The terms « personal data », « data subject », « processor » and « sensitive data » have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679).

1. Presentation of the website.

Pursuant to article 6 of French law n° 2004-575 of 21 June 2004 for confidence in the digital economy, users of the website https://www.shellby.io are informed of the identity of the various parties involved in its creation and monitoring:

Owner: SASU Shellby - Share capital of €1,000 - VAT number: FR38920498904 - 14 rue Bausset 75015 Paris 15
Publication manager: Léo CROTET - contact@shellby.io
The publication manager is a natural or legal person.
Webmaster: Bryan BERGER (WeBerger) - contact@weberger.net
Host: Amazon Web Services EMEA SARL - 38 AV JOHN F KENNEDY L 1855 99137 LUXEMBOURG
Data protection officer: Léo CROTET - contact@shellby.io

This legal notice is based on the template offered by the free legal notice generator for a website.

The graphic illustrations used on the website come from Freepik, a library of images and illustrations.

The illustration photos used on the website come from Unsplash, a library of images and photos.

The website is built on top of Lodge, an open-source application base under the MIT license.

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

The Site is 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, transfer or exploit for their own account all or part of the elements or works of the Site.

Using the https://www.shellby.io website implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the https://www.shellby.io website are therefore invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance reasons may however be decided by https://www.shellby.io, which will then endeavour to inform users in advance of the dates and times of the intervention. The https://www.shellby.io website is updated regularly by the party responsible. Likewise, this legal notice may be modified at any time; it nevertheless applies to the user, who is invited to refer to it as often as possible in order to stay informed.

3. Description of the services provided.

The purpose of the https://www.shellby.io website is to provide information about all of the company's activities. https://www.shellby.io strives to provide information on the https://www.shellby.io website that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or shortcomings in the update, whether caused by itself or by third-party partners who supply this information.

All information shown on the https://www.shellby.io website is provided for guidance only and is subject to change. Furthermore, the information on the https://www.shellby.io website is not exhaustive. It is provided subject to any changes made since it was put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held liable for material damage related to the use of the site. Furthermore, the user of the site agrees to access the site using recent equipment, free of viruses and with an up-to-date, latest-generation browser. The https://www.shellby.io website is hosted by a provider located within the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679).

The goal is to provide a service that ensures the best possible accessibility rate. The host ensures the 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 purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.

https://www.shellby.io and the host cannot be held liable in the event of a malfunction of the Internet network, telephone lines or IT and telephony equipment, in particular related to network congestion preventing access to the server.

5. Intellectual property and infringement.

https://www.shellby.io owns the intellectual property rights and holds the rights of use over all elements accessible on the website, in particular text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorisation of https://www.shellby.io.

Any unauthorised 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.

https://www.shellby.io acts as the publisher of the site. https://www.shellby.io is responsible for the quality and accuracy of the Content it publishes.

https://www.shellby.io cannot be held liable for direct and indirect damage caused to the user's equipment when accessing the https://www.shellby.io 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 incompatibility.

https://www.shellby.io also cannot be held liable for indirect damage (such as, for example, loss of market or loss of opportunity) resulting from the use of the https://www.shellby.io website. Interactive spaces (the possibility of asking questions in the contact area) are available to users. https://www.shellby.io reserves the right to remove, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular provisions relating to data protection. Where applicable, https://www.shellby.io also reserves the possibility of pursuing the civil and/or criminal liability of the user, in particular in the event of racist, insulting, defamatory or pornographic messages, regardless of the medium used (text, photograph, etc.).

7. Management of personal data.

The Customer is informed of the regulations concerning marketing communications, the French law of 21 June 2014 for confidence in the Digital Economy, the French Data Protection Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR: n° 2016-679).

7.1 Parties responsible for collecting personal data

For the Personal Data collected as part of the creation of the User's personal account and their browsing on the Site, the party responsible for processing Personal Data is: Shellby. https://www.shellby.io is represented by Léo CROTET, its legal representative.

As the party responsible for the processing of the data it collects, https://www.shellby.io undertakes to comply with the applicable legal framework. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, based on the collection of their consent, with complete information on the processing of their personal data, and to maintain a processing register that reflects reality. Whenever https://www.shellby.io processes Personal Data, https://www.shellby.io takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.shellby.io processes it.

7.2 Purpose of the data collected

https://www.shellby.io may process all or part of the following data:

  • to enable browsing of the Site and the management and traceability of the services ordered by the user: connection and usage data of the Site, billing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, (hashed) password
  • to improve browsing on the Site: connection and usage data
  • to carry out optional satisfaction surveys on https://www.shellby.io: email address
  • to carry out communication campaigns (SMS, email): phone number, email address

https://www.shellby.io 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 objection

In accordance with applicable European regulations, Users of https://www.shellby.io have the following rights:

  • right of access (article 15 GDPR) and rectification (article 16 GDPR), update and completion of Users' data, right to restrict or erase Users' personal data (article 17 GDPR), when it is inaccurate, incomplete, ambiguous, out of date, or when its collection, use, disclosure or retention is prohibited
  • right to withdraw consent at any time (article 13-2c GDPR)
  • right to restriction of processing of Users' data (article 18 GDPR)
  • right to object to the processing of Users' data (article 21 GDPR)
  • right to the portability of data provided by Users, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
  • right to determine what happens to Users' data after their death and to choose to whom https://www.shellby.io should (or should not) disclose their data to a previously designated third party

As soon as https://www.shellby.io becomes aware of the death of a User and in the absence of instructions from them, https://www.shellby.io undertakes to destroy their data, unless retention proves necessary for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how https://www.shellby.io uses their Personal Data, to request that it be rectified, or to object to its processing, the User may contact https://www.shellby.io in writing at the following address:

Shellby - DPO, Léo CROTET
14 rue Bausset 75015 Paris 15.

In this case, the User must indicate the Personal Data they would like https://www.shellby.io to correct, update or delete, identifying themselves precisely with a copy of an identity document (ID card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.shellby.io by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://www.shellby.io may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/en/plaintes).

7.4 Non-disclosure of personal data

https://www.shellby.io shall not process, host or transfer Information collected on its Customers to a country located outside the European Union or recognised as « not adequate » by the European Commission without first informing the customer. However, https://www.shellby.io remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).

https://www.shellby.io undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not disclosed to unauthorised persons. However, should an incident affecting the integrity or confidentiality of the Customer's Information come to the attention of https://www.shellby.io, it will inform the Customer as soon as possible and provide them with the corrective measures taken. Furthermore, https://www.shellby.io does not collect any « sensitive data ».

The User's Personal Data may be processed by subsidiaries of https://www.shellby.io and by subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective duties and for the purposes stated above, the main people likely to have access to the data of https://www.shellby.io Users are primarily our customer service agents.

7.5 Types of data collected

Regarding users of a https://www.shellby.io Site, we collect the following data, which is essential to the operation of the service, and which will be kept for a maximum period of 12 months after the end of the contractual relationship: last name, first name, email, phone number, company name.

https://www.shellby.io also collects information that helps improve the user experience and offer contextualised advice: visitors' IP address, time spent browsing, pages visited, time of visit.

This data is kept for a maximum period of 12 months after the end of the contractual relationship.

8. Incident notification

Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we would 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 undertake to fully inform our customers of all matters relating to the security of their account and to provide them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the https://www.shellby.io website user 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 acquisition of https://www.shellby.io and its rights would the transmission of such information to the potential purchaser be permitted, who would in turn be bound by the same obligation to retain and modify data with respect to the https://www.shellby.io website user.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.shellby.io uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, https://www.shellby.io takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, « cookies » and internet tags

The https://www.shellby.io website contains a number of hyperlinks to other sites, set up with the authorisation of https://www.shellby.io. However, https://www.shellby.io is not able to verify the content of the sites thus visited, and will therefore assume no liability in this regard.

Unless you decide to disable cookies, you agree that the site may use them. You may disable these cookies at any time and free of charge, using the deactivation options offered and recalled 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 piece of information 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 in any way damage the User's device.

https://www.shellby.io may process User information regarding their visit to the Site, such as the pages consulted and the searches performed. This information allows https://www.shellby.io to improve the content of the Site and the User's browsing experience.

As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User can configure their browser so that it allows them to decide whether or not to accept Cookies, so that Cookies are stored on the device or, on the contrary, rejected, either systematically or according to their issuer. The User can also configure their browsing software so that acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie may be stored on their device. https://www.shellby.io informs the User that, in this case, some features of their browsing software may not be available.

If the User refuses to save Cookies on their device or browser, or if the User deletes those already saved, the User is informed that their browsing and experience on the Site may be limited. This could also be the case where https://www.shellby.io or one of its providers is unable to 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 be connected to the Internet.

Where applicable, https://www.shellby.io declines all liability for the consequences related to the degraded operation of the Site and of any services offered by https://www.shellby.io, resulting from (i) the User's refusal of Cookies, or (ii) the inability of https://www.shellby.io to save or consult the Cookies necessary for their operation due to the User's choice. Cookie management and User choices vary by browser configuration. This is described in the browser's help menu, which will explain how the User can change their Cookie preferences.

At any time, the User may choose to express and change their Cookie preferences. https://www.shellby.io may also call upon the services of external providers to help collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the X, Instagram and LinkedIn social networks on the https://www.shellby.io website or in its mobile application, and if the User has accepted the placing of cookies by continuing to browse the https://www.shellby.io website or mobile application, X, Instagram and LinkedIn may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices provided you consent to this, by continuing to browse the https://www.shellby.io website or mobile application. At any time, the User may nevertheless withdraw their consent to https://www.shellby.io placing this type of cookie.

9.2. Internet tags

https://www.shellby.io may occasionally use internet tags (also called « tags », or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them via 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 enabling internet users to access the Site, and on its various pages.

This technology allows https://www.shellby.io 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 consulted), as well as the User's use of this Site.

The external provider may also collect information on visitors to the Site and other websites through these tags, compile reports on Site activity for https://www.shellby.io, and provide other services related to the use of the Site and of the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the https://www.shellby.io website is subject to French law. Except where the law does not permit this, exclusive jurisdiction is attributed to the competent courts of Paris.