Legal Notice.

Captivateur is a French brand registered with the National Institute of Industrial Property since 2021.

Client: any professional or capable natural person within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Services: https://Captivateur.com makes the following available to Clients:

Content: All elements constituting the information present on the Site, in particular texts: images: videos.

Customer Information: Hereinafter referred to as "Information" which corresponds to all personal data that may be held by https://Captivateur.com for the management of your account, for customer relationship management, and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned site.

Personal Information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of January 6, 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 Law n° 2004-575 of June 21, 2004, for confidence in the digital economy, users of the website https://Captivateur.com are informed of the identity of the various parties involved in its implementation and follow-up:

Owner: sole proprietorship Captivateur, share capital of €1000: 127 Chemin du vieux reynier 83500 LA SEYNE SUR MER
Publication Manager: BAILLON Benjamin: 06.71.99.67.93
The publication manager is a natural person or a legal entity.
Webmaster: Benjamin Baillon: contact@captivateur.com
Host: Shopify: Google LLC 1600 Amphitheatre Parkway CA 94043 Mountain View +1 650 253 0000
Data Protection Officer: Benjamin Baillon: info@captivateur.com

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

The Site constitutes an intellectual work 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 account all or part of the elements or works of the Site.

The use of the site https://Captivateur.com implies full and complete acceptance of the general terms and conditions of use described below. These terms of use are subject to change or completion at any time; therefore, users of the site https://Captivateur.com are invited to consult them regularly.

This website is normally accessible to users at any time. An interruption due to technical maintenance may, however, be decided by https://Captivateur.com, which will then endeavor to communicate the dates and times of the intervention to users in advance. The website https://Captivateur.com is updated regularly by https://Captivateur.com, who is responsible. Likewise, the legal notices may be modified at any time: they are nonetheless binding on the user, who is invited to refer to them as often as possible in order to be aware of them.

3. Description of services provided.

The purpose of the website https://Captivateur.com is to provide information concerning all of the company's activities. https://Captivateur.com strives to provide the most accurate information possible on the site https://Captivateur.com. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by it or by third-party partners who provide this information.

All information indicated on the site https://Captivateur.com is given for information purposes only and is subject to change. Furthermore, the information appearing on the site https://Captivateur.com is not exhaustive. It is provided subject to modifications that have been made since it was put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses and with a latest-generation updated browser. The site https://Captivateur.com is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679).

The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the possibility of interrupting the hosting service for the shortest possible durations, in particular for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services generate traffic deemed abnormal.

https://Captivateur.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, particularly due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

https://Captivateur.com is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, in particular 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, regardless of the means or process used, is prohibited, except with prior written authorization from: https://Captivateur.com.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability.

https://Captivateur.com acts as the publisher of the site. https://Captivateur.com is responsible for the quality and veracity of the Content it publishes.

https://Captivateur.com cannot be held liable for any direct or indirect damage caused to the user's equipment when accessing the https://Captivateur.com website, and 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://Captivateur.com cannot also be held liable for indirect damages (such as, for example, loss of market or loss of opportunity) resulting from the use of the https://Captivateur.com site. Interactive spaces (possibility of asking questions in the contact area) are available to users. https://Captivateur.com reserves the right to remove, without prior notice, any content posted in this space that would violate the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://Captivateur.com also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of a message of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. Management of personal data.

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

7.1 Data controller for the collection of personal data

For the Personal Data collected in the context of creating the User's personal account and their browsing on the Site, the person responsible for processing the Personal Data is: Captivateur. https://Captivateur.com is represented by Benjamin Baillon, its legal representative.

As the controller of the data it collects, https://Captivateur.com undertakes to comply with the framework of the legal provisions in force. It is in particular the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing activities in accordance with reality. Whenever https://Captivateur.com processes Personal Data, https://Captivateur.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data regarding the purposes for which https://Captivateur.com processes them.

7.2 Purpose of the collected data

https://Captivateur.com is likely to process all or part of the data:

• to enable navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data for the Site, billing, order history, etc.
• to prevent and fight against computer fraud (spamming, hacking, etc.): computer hardware used for browsing, IP address, password (hashed)
• to improve navigation on the Site: connection and usage data
• to conduct optional satisfaction surveys on https://Captivateur.com: email address
• to conduct communication campaigns (SMS, email): phone number, email address

https://Captivateur.com does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification, and opposition

In accordance with the European regulations in force, Users of https://Captivateur.com have the following rights:

• right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, and completeness of User data; right to block or erase personal User data (article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited
• right to withdraw consent at any time (article 13-2c GDPR)
• right to limit the processing of User data (article 18 GDPR)
• right to oppose the processing of User data (article 21 GDPR)
• right to the portability of the data that Users have provided, when this 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 https://Captivateur.com should communicate (or not) their data to a third party they have previously designated

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

If the User wishes to know how https://Captivateur.com uses their Personal Data, requests to rectify them, or opposes their processing, the User can contact https://Captivateur.com in writing at the following address:

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

Requests for deletion of Personal Data will be subject to the obligations imposed on https://Captivateur.com by law, particularly with regard to the retention or archiving of documents. Finally, users of https://Captivateur.com can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

https://Captivateur.com is prohibited from processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as "inadequate" by the European Commission without informing the client in advance. However, https://Captivateur.com remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).

https://Captivateur.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client's Information is brought to the attention of https://Captivateur.com, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://Captivateur.com does not collect any "sensitive data."

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

Within the limits of their respective responsibilities and for the purposes mentioned above, the main people likely to have access to the data of Users of https://Captivateur.com are mainly our customer service agents.

8. Incident notification

Regardless of the efforts made, 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 the concerned users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters related to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the user of the site https://Captivateur.com is published without the user's knowledge, nor exchanged, transferred, assigned, or sold on any medium to third parties. Only the assumption of the acquisition of https://Captivateur.com and its rights would allow the transmission of such information to the prospective purchaser, who would in turn be bound by the same obligation of data retention and modification with respect to the user of the site https://Captivateur.com.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://Captivateur.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, https://Captivateur.com takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links, "cookies," and Internet tags

The https://Captivateur.com site contains a number of hypertext links to other sites, set up with the permission of https://Captivateur.com. However, https://Captivateur.com does not have the ability to verify the content of the sites visited in this way and, consequently, will not assume any responsibility for this.

9.1. "COOKIES"

A "cookie" is a small information file sent to the User's browser and saved within the User's terminal (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 do not in any way risk damaging the User's terminal.

https://Captivateur.com may process the User's information concerning their visit to the Site, such as the pages viewed and searches performed. This information allows https://Captivateur.com to improve the content of the Site and the User's navigation.

Since Cookies facilitate navigation and/or the provision of the services offered by the Site, the User can configure their browser to allow them to decide whether or not to accept them so that Cookies are saved in the terminal or, conversely, that they are rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is proposed to them from time to time, before a Cookie is likely to be saved on their terminal. https://Captivateur.com informs the User that, in this case, it may be that not all features of their browser software are available.

If the User refuses the saving of Cookies in their terminal or browser, or if the User deletes those saved there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://Captivateur.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.

Where applicable, https://Captivateur.com declines all responsibility for the consequences related to the degraded functioning of the Site and any services possibly offered by https://Captivateur.com resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://Captivateur.com to save or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to change their wishes regarding Cookies.

At any time, the User can choose to express and modify their wishes regarding Cookies. https://Captivateur.com may also use the services of external providers to assist in collecting and processing the information described in this section.

Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn, and Google Plus appearing on the https://Captivateur.com Site or in its mobile application, and if the User has accepted the deposit of cookies by continuing their navigation on the Website or mobile application of https://Captivateur.com, Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only placed on your terminals if you consent to them by continuing your navigation on the Website or mobile application of https://Captivateur.com. At any time, the User may nevertheless revoke their consent for https://Captivateur.com to place this type of cookie.

Article 9.2. INTERNET TAGS

https://Captivateur.com may occasionally use Internet tags (also known as "tags," or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialist web analysis 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 the various pages of the site.

This technology allows https://Captivateur.com to evaluate visitors' 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 service provider may possibly collect information on visitors to the Site and other websites through these tags, compile reports on the Site's activity for https://Captivateur.com, and provide other services relating to the use of the site and the Internet.

10. Governing law and jurisdiction.

Any dispute related to the use of the https://Captivateur.com site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of TOULON.