Legal information

 

Definitions

Client: any professional or natural person capable under the provisions of articles 1123 and following of the French Civil Code, or a legal entity, who visits the website subject to these general terms and conditions.

Services: https://ms-nutrition.com provides Clients with:

Content: All elements constituting the information present on the Website, including texts, images, and videos.

Client Information: Hereinafter referred to as “Information(s)”, which refers to all personal data that https://ms-nutrition.com may hold for the management of your account, customer relationship management, and for analysis and statistical purposes.

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

Personal Information: “Information that allows, in any form, directly or indirectly, the identification of the natural persons 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 meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the Website.

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, the users of the website https://ms-nutrition.com are informed of the identity of the different parties involved in its creation and monitoring:

Owner: MS-Nutrition
SAS with a capital of €10,000
UMR NORT-Faculty of Medicine La Timone
27 Boulevard Jean Moulin
13385 Marseille Cedex 5, France.
Registered at the Marseille RCS under No. B 800 309 171
SIRET: 800 309 171 00018
VAT: FR 15 800 309 171

Publication Director: Florent VIEUX, CEO

Hosting Provider:
OVH
2 Rue Kellermann
59100 Roubaix 1007

2. General Terms and Conditions for Use of the Website and Services Offered.

The Website 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 all or part of the elements or works of the Website for their own account.

The use of the website https://ms-nutrition.com implies full and unconditional acceptance of the following terms and conditions of use. These terms of use are subject to change or supplementation at any time, so users of the site https://ms-nutrition.com are advised to consult them regularly.

This website is normally accessible at all times to users. However, an interruption for technical maintenance may be decided by https://ms-nutrition.com, which will then make efforts to communicate the dates and times of the intervention to users in advance. The website https://ms-nutrition.com is regularly updated by https://ms-nutrition.com, the responsible party. Similarly, the legal notices may be modified at any time: they are nonetheless binding on the user, who is encouraged to refer to them as often as possible in order to be informed.

3. Description of the Services Provided.

The website https://ms-nutrition.com aims to provide information regarding all of the company’s activities. https://ms-nutrition.com strives to provide accurate information on the site. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether they are caused by it or by third-party partners who provide it with this information.

All the information provided on the site https://ms-nutrition.com is for informational purposes and is subject to change. Additionally, the information on the site https://ms-nutrition.com is not exhaustive. It is provided subject to modifications that may have occurred since its online publication.

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. Furthermore, the user agrees to access the site using recent equipment that does not contain viruses and with an up-to-date web browser.

The website https://ms-nutrition.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 highest level of accessibility. The host ensures the continuity of its service 24 hours a day, 7 days a week. However, it reserves the right to interrupt the hosting service for the shortest possible duration, particularly for maintenance, infrastructure improvements, infrastructure failures, or if the Services and Benefits generate abnormally high traffic. https://ms-nutrition.com and the hosting provider cannot be held responsible in case of a malfunction of the Internet network, telephone lines, or related computer and telecommunication equipment, particularly due to network congestion preventing access to the server.

5. Intellectual Property and Counterfeits.

https://ms-nutrition.com is the owner of intellectual property rights and holds usage rights for all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of any part of the site, regardless of the method or process used, is prohibited unless prior written authorization is obtained from https://ms-nutrition.com.

Any unauthorized exploitation of the site or any of its elements will be considered as an infringement and pursued according to the provisions of Articles L.335-2 and following of the Code of Intellectual Property.

6. 6. Limitation of Liability.

https://ms-nutrition.com acts as the publisher of the website. https://ms-nutrition.com is responsible for the quality and truthfulness of the Content it publishes.
https://ms-nutrition.com cannot be held liable for direct or indirect damages caused to the user’s equipment during access to the website https://ms-nutrition.com, resulting from either the use of equipment that does not meet the specifications mentioned in point 4, or the occurrence of a bug or incompatibility.

https://ms-nutrition.com shall not be held responsible for indirect damages (such as, for example, loss of market or loss of an opportunity) resulting from the use of the website https://ms-nutrition.com. Interactive spaces (such as the possibility to ask questions in the contact area) are available to users. https://ms-nutrition.com reserves the right to remove, without prior notice, any content posted in this space that would violate the applicable legislation in France, particularly the provisions related to data protection. If necessary, https://ms-nutrition.com also reserves the right to hold the user civilly and/or criminally liable, especially in the case of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photographs, etc.).

7. Management of Personal Data.

In France, personal data is protected by law No. 78-87 of January 6, 1978, law No. 2004-801 of August 6, 2004, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (General Data Protection Regulation – GDPR).

7.1 Data Controllers

For Personal Data collected during the creation of the User’s personal account and their navigation on the Site, the data controller is:
https://ms-nutrition.com, represented by Florent VIEUX, its legal representative.

As the data controller of the data it collects, https://ms-nutrition.com commits to complying with applicable legal provisions. It is, in particular, the responsibility of the Client to define the purposes of their data processing, to provide their prospects and clients, based on the collection of their consent, with complete information on the processing of their personal data, and to maintain a record of processing activities in accordance with the reality. Each time https://ms-nutrition.com processes Personal Data, https://ms-nutrition.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which it processes them.

7.2 Purposes of the collected data

https://ms-nutrition.com may process all or part of the following data:

• To allow navigation on the Site and manage and trace the services and products ordered by the user: connection data, usage of the Site, billing, order history, etc.
• To prevent and combat computer fraud (spamming, hacking, etc.): computer hardware used for navigation, IP address, password (hashed).
• To improve navigation on the Site: connection data and usage.
• To conduct optional satisfaction surveys on https://ms-nutrition.com: email address.
• To conduct communication campaigns (SMS, email): phone number, email address.

https://ms-nutrition.com does not sell your personal data, which is used only out of necessity or for statistical and analytical purposes.

7.3 Right of Access, Rectification, and Opposition

In accordance with current European regulations, the users of https://ms-nutrition.com have the following rights:

• Right of access (Article 15 of the GDPR) and right of rectification (Article 16 of the GDPR), to update or complete their data.
• Right to restrict or delete personal data (Article 17 of the GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication, or storage is prohibited.
• Right to withdraw consent at any time (Article 13-2c of the GDPR).
• Right to limit the processing of users’ data (Article 18 of the GDPR).
• Right to object to the processing of users’ data (Article 21 of the GDPR).
• Right to data portability, for the data provided by the users, when the data is subject to automated processing based on their consent or a contract (Article 20 of the GDPR).
• Right to define the fate of users’ data after their death and to choose to whom https://ms-nutrition.com should communicate (or not) their data to a third party previously designated by them.

As soon as https://ms-nutrition.com is informed of a user’s death, and in the absence of instructions from them, https://ms-nutrition.com commits to destroying their data, unless its retention is necessary for evidentiary purposes or to fulfill a legal obligation.

If the user wishes to know how https://ms-nutrition.com uses their personal data, requests to correct or oppose their processing, the user can contact https://ms-nutrition.com in writing at the following address:

• 27 Boulevard Jean Moulin, 13005 Marseille, France

In this case, the user must specify the personal data they wish https://ms-nutrition.com to correct, update, or delete, by providing proper identification with a copy of an identity document (ID card or passport).

Requests for data deletion will be subject to the obligations imposed on https://ms-nutrition.com by law, particularly regarding the retention or archiving of documents. Finally, users of https://ms-nutrition.com may file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of Personal Data

https://ms-nutrition.com prohibits the processing, hosting, or transfer of information collected from its clients to a country outside the European Union or one deemed “inadequate” by the European Commission, without prior notification to the client. However, https://ms-nutrition.com remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).

https://ms-nutrition.com commits to taking all necessary precautions to ensure the security of the information, particularly to prevent it from being communicated to unauthorized individuals. However, if an incident impacting the integrity or confidentiality of the client’s information is brought to the attention of https://ms-nutrition.com, it must promptly inform the client and communicate the corrective measures taken. Furthermore, https://ms-nutrition.com does not collect any “sensitive data.”

The personal data of users may be processed by the subsidiaries of https://ms-nutrition.com and subcontractors (service providers), exclusively to fulfill the purposes outlined in this policy.

Within the scope of their respective roles and for the purposes mentioned above, the main individuals who may have access to the users’ data are primarily the agents of our customer service department.

8. Incident Notification.

Regardless of the efforts made, no transmission method over the Internet and no electronic storage method is completely secure. Consequently, we cannot guarantee absolute security. If we become aware of a security breach, we will inform the affected users so that 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 of any issues related to the security of their accounts and providing them with all the necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the site https://ms-nutrition.com is published without the user’s knowledge, exchanged, transferred, assigned, or sold to any third party on any medium. Only the possibility of a purchase of https://ms-nutrition.com and its rights would allow the transfer of such information to the potential buyer, who would, in turn, be bound by the same obligation to preserve and modify the data in relation to the user of the https://ms-nutrition.com site.

Security

To ensure the security and confidentiality of Personal Data and Health-Related Personal Data, https://ms-nutrition.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords. During the processing of Personal Data, https://ms-nutrition.com takes all reasonable measures to protect them from any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hyperlinks and Cookies.

The site https://ms-nutrition.com contains a number of hyperlinks to other websites, set up with the authorization of https://ms-nutrition.com. However, https://ms-nutrition.com is unable to verify the content of the sites visited, and consequently, will not assume any responsibility in this regard.

Unless you choose to disable cookies, you accept that the site may use them. You can disable these cookies at any time and free of charge through the deactivation options provided to you, which are outlined below. Please note 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 contains 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 will never damage the User’s device.

https://ms-nutrition.com may process information related to the User’s visit to the Site, such as the pages viewed and the searches performed. This information helps https://ms-nutrition.com improve the Site’s content and the User’s navigation.

As Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure their browser to decide whether they wish to accept Cookies, allowing them to be saved on the device or, conversely, rejected, either systematically or depending on the sender. The User can also configure their browser to prompt them to accept or reject Cookies each time before a Cookie is saved on their device. https://ms-nutrition.com informs the User that, in this case, some features of the browser may not be fully available.

If the User refuses the saving of Cookies on their device or browser, or if the User deletes the Cookies already saved, they are informed that their navigation and experience on the Site may be limited. This could also occur when https://ms-nutrition.com or one of its service providers cannot recognize, 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.

In this case, https://ms-nutrition.com disclaims any responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by https://ms-nutrition.com, resulting (i) from the User’s refusal of Cookies (ii) from the inability of https://ms-nutrition.com to save or consult the Cookies necessary for their functioning due to the User’s choice. The management of Cookies and the User’s choices varies by browser. 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 express and modify their preferences regarding Cookies. https://ms-nutrition.com may also use external service 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 on the https://ms-nutrition.com Site or in its mobile application, and if the User has accepted the placement of cookies by continuing their navigation on the https://ms-nutrition.com website or mobile application, Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on your devices (computer, tablet, smartphone).

These types of cookies will only be placed on your devices if you consent, by continuing to navigate on the https://ms-nutrition.com website or mobile application. However, at any time, the User can withdraw their consent to allow https://ms-nutrition.com to place such cookies.

9.2 “TAGS” 

https://ms-nutrition.com may occasionally use internet tags (also known as “tags,” action tags, 1-pixel GIFs, transparent GIFs, invisible GIFs, and 1-by-1 GIFs) and deploy them through a web analytics partner, which may be located (and thus store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements that allow internet users to access the Site and on various pages of the Site.
This technology allows https://ms-nutrition.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, generate reports on the Site’s activity for https://ms-nutrition.com, and provide other services related to the use of the Site and the internet.

10. Applicable Law and Jurisdiction.

Any dispute in connection with the use of the website https://ms-nutrition.com is subject to French law. The courts of Marseille shall have exclusive jurisdiction.