TERMS AND CONDITIONS OF USE

 

Origami

 

ATTENTION

The user must carefully read and accept these general conditions of use before using the services offered by Origami, the trade name of Anne Gaudel’s self-employed company.

These general conditions of use define the conditions and the legal obligations that Origami undertakes to respect when providing its services to the user on the website accessible at the address www.origamiandco.com (hereinafter the “ website “).

The mere fact of browsing the website and/or using the said Origami services via the website entails the pure and simple acceptance of these general conditions of use, which the user of the website expressly declares and acknowledges.

 

 

1. LEGAL MENTIONS

Publisher of the Website
The Website is published by the company: Origami.

Origami

(herafter designated « ORIGAMI»)

Publication director
Anne Gaudel

Details
Téléphone : (+33) 6 60 12 66 88

Email adress: anne@origamiandco.com

Website host
the website is hosted by the company:

OVH

SAS capital of 10 174 560 €

 

2. DEFINITIONS

In these General Conditions of Use, it is agreed that the following expressions or words, whether used in the singular or in the plural, will have the following meaning:

• « Article » : refers to any article of these T&Cs.
• « Personal Data Charter » : means ORIGAMI’s personal data charter drawn up specifically for the needs of the Services provided by the Company, which is an integral part of these T&Cs and attached in Appendix 1 .
• «T&Cs » : refers to these general Terms and Conditions of use that each user must expressly accept before using the services.
• « Contact Form » : means the form accessible on the Website in which the user indicates in particular his contact details (first name, last name, email, telephone) and allowing him to make a request for service from the Company (or one of of its partners specialized in the digital industry).
• « Service provision» : designates all the services provided by ORIGAMI or by one of its partners specialized in the digital industry.
• « Services » : means the information services provided on the Website, namely the linking service for information purposes between the User and ORIGAMI (or one of its partners specialized in the digital industry) offered by the Company via the Contact Form accessible on the Website.
• « Website » ou « Site » : designates the Website published by ORIGAMI accessible at the address www.origamiandco.com
• « Compnay » or « ORIGAMI » : designates the company Origami France, a limited liability company with capital of 20,000 Euros Registered with the RCS of Paris under number 492 893 490 publisher of the Website.
• « User » : refers to any Client, any Participant and in general any person who uses the Website and the Services.

 

3. OBJECT – VALIDATION – AGREEMENT

These General Conditions of Use define the legal framework for the use of the Services offered by ORIGAMI on the Website and the conditions of the relationship between Users and ORIGAMI.

Navigation on the Site is free and free of charge.

The use and/or recourse to the Services offered by the Company to the User implies their unreserved acceptance of these T&Cs. The mere fact of using the Services entails the pure and simple acceptance of these T&Cs.

It is specified as necessary that the User may save or print these T&Cs, provided however that they do not modify them.

The version of the T&Cs available online on the Site shall prevail, where applicable, over any other version hereof, with the exception of any modifications that may have occurred subsequent to its use of the Services, in accordance with common law.

 

4. ENTRY INTO FORCE – duration

These T&Cs were updated on 08/01/2020.

These T&Cs are applicable for the entire duration of the User’s navigation and access to the Website and for the entire duration of use of the Services by the latter.

The User is informed that the T&Cs may be updated at any time under the conditions of Article 13 hereof.

Subsequent changes to these T&Cs will be enforceable against Users of the Website from the time they are put online.

 

5. SERVICES OFFERED ON THE SITE

5.1 The Website presents all the activities and Services provided in the digital field by ORIGAMI or its partners specialized in the digital industry, Services that may be the subject of a request for information by the User via Contact Form under the conditions of article 5.2 below.

5.2 REQUEST FOR INFORMATION AND EXPRESSION OF NEEDS
When the User wishes to contact ORIGAMI, the User completes the Contact Form by providing the following information:

• Reason for making contact (required);
• Name (required);
• Telephone number (required);
• Email adress (required);
• Message from the User to ORIGAMI (required).

Once this information has been entered, the User ticks the box “I have read and I accept the General Conditions of Use” then clicks on the “send” button in order to send his request to ORIGAMI, one of its specialized partners. in the digital industry, if applicable.

 

6. GENERAL USER BEHAVIOR

It is recalled that the User, prior to his use of the Services, declares to have full legal capacity, allowing him to engage under these T&Cs.

ORIGAMI cannot under any circumstances be required to verify the legal capacity of its Users.

Consequently, if a person without legal capacity were to use the Services on the Site, their legal representatives would assume full responsibility for this use.

The User acknowledges that the transmission of content via the Contact Form is done immediately and without the Company exercising any control or prior validation on the content sent.

Thus, upon validation of the content by the User, it will be automatically sent without the Company being required to exercise any control or any moderation/validation prior to its sending.

In this regard, the User is solely responsible for checking the accuracy and legality of the content he sends.

The User undertakes not to disseminate via the Contact Form within the framework of its content information that is malicious, denigrating, deliberately misleading, illicit and/or contrary to morality and respect for privacy and the freedom of worship.

 

7. RIGHT OF USERS REGARDING THEIR PERSONAL DATA

The User has a right to access, modify, rectify and delete data concerning him.

All these rights are detailed in ORIGAMI’s Personal Data Charter, appended to these T&Cs (Appendix 1).

 

8. LIMITS OF LIABILITY OF THE COMPANY

8.1 The Company’s liability with regard to the User can only be engaged in the event of non-performance of its commitments resulting from the T&Cs.

8.2.The Company cannot be held responsible for the content that the User sends via the Contact Form and which would violate the provisions of these T&Cs and the law applicable therein.

If the User transmits via the Contact Form content in violation of the said provisions, he will be solely responsible for this violation to the full and complete exclusion of the Company.

8.3 Similarly, the Company is in no way responsible for the links appearing on its Website to other websites which do not belong to it and which are not controlled by it, since it has no control over the content, personal data protection charters or practices of third-party sites.

The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information disseminated on these websites.

8.4.The User is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have given him access to its Services.

 

9. TECHNICAL PROVISION

Users declare that they accept the characteristics and limits of the Internet and in particular acknowledge:

• that they are aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
• that the communication by the Users of personal identification elements or in general any information deemed by the Users to be confidential is done under their own responsibility;
• that it is up to Users to take all necessary measures to ensure that the technical characteristics of their computer allow them to consult the information;
• that it is up to Users to take all appropriate measures to protect their own information and/or software from contamination by any viruses circulating through the Website.

As a result, ORIGAMI cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses. The Services are provided as is and as available.

ORIGAMI does not guarantee the provision without error, without punctual and secure interruption of the Services offered via the Website.

ORIGAMI is not bound by any obligation of personalized assistance, in particular technical assistance.

ORIGAMI declines any express or implicit guarantee, in particular concerning the quality and compatibility of the Website with the use that Users will make of it. ORIGAMI does not guarantee any results or benefits in the use that will be made of the Service offered through the Website.

 

10. COMMUNICATION BETWEEN THE PARTIES – CORRESPONDENCE – PROOF

Except as specifically provided in these T&Cs or otherwise indicated by ORIGAMI, correspondence exchanged between the parties is carried out exclusively electronically, to the email address provided by the User.

Pursuant to Articles 1365 et seq. of the Civil Code and, where applicable, Article L. 110-3 of the Commercial Code, the parties declare that the information provided by email and on the ORIGAMI Website is authentic between them. as long as no writing contradictorily authenticated and signed, coming to question this computerized information, is produced.

Elements such as the time of reception or transmission, as well as the quality of the data received will prevail by priority as appearing on ORIGAMI’s information systems, or as authenticated by ORIGAMI’s computerized procedures, except to provide written and contrary proof by the User.

 

11. INTELLECTUAL PROPERTY RIGHTS

11.1 ORIGAMI is the exclusive holder of the intellectual property rights on the Website, of all of its computer content, software, and in particular of all texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Website as well as its databases of which it is the producer.

All these intellectual creations are protected by copyright, trademark law, patent law, sui generis database rights and image rights, for the whole world.

ORIGAMI is the holder of the domain name www.origamiandco.com

These creations are the full and entire property of the Company.

11.2 However, ORIGAMI grants Users a license allowing them to reproduce and display the content of the Website, but solely and strictly for their personal use in the context of viewing the Website and/or using the Services.

However, this license excludes the right of Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and through the Website.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of this code, is authorized.

Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization from ORIGAMI.

As a reminder, the fact of affixing a hypertext link to the Website, using the technique known as “framing” or “deep-linking”, is strictly prohibited.

Any form of total or partial copying, extraction and reproduction of the database produced and used by ORIGAMI on the Website is strictly prohibited without its prior written consent.

11.3 . The Website may contain hypertext links and/or hyperlinks to sites published and hosted from third-party servers, and particularly concerning advertising banners, the management of which is in no way provided by ORIGAMI and over which no control can be exercised.

As such, ORIGAMI declines all responsibility for the legal consequences related to access to these sites from the Website.

11.4 The software provided as part of the Service is made available as is and without guarantee of any kind on the part of ORIGAMI, in particular as to the suitability of the functionalities of said software to the needs and requirements of the User, the non- – interruption or absence of error, correction of faults, anomalies, etc.

11.5 The User remains the exclusive owner of the personal information and personal data of the User that he provides on the Website and ORIGAMI cannot contest this right of ownership in any way.

 

12 UPDATE OF THE T&Cs

These T&Cs may be modified at any time on the initiative of ORIGAMI.

The new T&Cs will apply on their date of publication on www.origamiandco.com

 

13 FORCE MAJEURE

13.1 Any event beyond the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, such as for example, without this list being exhaustive: a strike or technical failure (edf, erdf, telecommunications operators, Internet access or hosting providers, Registrar, etc.), an interruption in the supply of energy (such as electricity), a failure of the electronic communication on which the Company depends and/or networks that would replace it, a pandemic or epidemic.

13.2 The Company cannot be held responsible, or considered as having failed in its obligations provided for in these T&Cs, for any non-performance related to a case of force majeure as defined by French law and case law, on the condition that it notifies the other party on the one hand, and that it does its best to minimize the damage and perform its obligations as quickly as possible after the cessation of the case of force majeure on the other hand.

13.3 In the event of the occurrence of such an event, the parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.

 

14. ENTIRETY

The provisions of these T&Cs express the entire agreement concluded between the User and ORIGAMI. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of these presents, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the T&Cs, except for an amendment duly signed by the representatives of the two parts.

 

15. NULLITY

If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations of these T&Cs will retain all their strength and scope.

Where applicable, ORIGAMI undertakes to immediately delete and replace said clause with a legally valid clause.

 

16. TITLE

In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles and the chapter will be deemed unwritten.

 

17. NON-WAIVER

The fact that one or other of the parties has not demanded, temporarily or permanently, the application of a provision of these T&Cs cannot be considered as a waiver of the rights held by this party. Any exchange of correspondence, writing, e-mail etc. Cannot call into question the terms of these T&Cs, except for an amendment duly signed by the parties or by their representatives.

 

18. ATTRIBUTION OF JURISDICTION – APPLICABLE LAW

Any difficulty arising from the interpretation and/or execution of the present will be subject to the assessment of the competent French courts, the only applicable laws being the French laws.

 

 

APPENDIX 1
ORIGAMI PERSONAL DATA CHARTER

The purpose of this charter is to provide the user with complete information on the processing carried out by ORIGAMI of his personal data.

The definitions given in article 2 of the general conditions of use are applicable to this personal data charter.

Concerned about the protection of the privacy of the User and the processing of his personal data, ORIGAMI undertakes, as Data Controller, to comply with the provisions of Regulation (EU) n ° 2016/679 of April 27, 2016 (hereinafter ” GDPR “) and the law n ° 78-17 of January 6, 1978 modified (known as the law “Informatique et Libertés”), by ensuring the best level of protection of the personal data of its Users.

This Charter thus allows the User to benefit from complete transparency regarding the processing of his personal data by ORIGAMI.

 

1. TYPES OF PERSONAL DATA THAT MAY BE COLLECTED BY THE COMPANY

1.1 USER INFORMATION

1.1.1 When the User completes the Contact Form, he provides the following information in particular:

• Name (required);
• Telephone number (required);
• Email adress (required).

The collection of this data is essential for the provision of the Services by the Company (or one of its partners specialized in the digital industry).

In the Contact Form, the User is informed in particular of the compulsory nature or not of the collection of his data. In the event of non-provision of a mandatory data field, the Company will not be able to provide its Services.

The User is informed that all the personal data he provides and transmits to the Company via the Contact Form may be processed for the purposes provided for in this Charter.

1.1.2 The data relating to the User’s browsing on the Site is collected automatically, and only relates to the origin of the connections, the IP address, the version of the browser and the pages of the Site consulted. Under no circumstances does the Company collect the e-mail address, without communication and prior authorization from its owner.

 

2. PURPOSES OF PROCESSING PERSONAL DATA OF THE USER

The Company is only authorized to use the User’s personal data if it has a valid legal basis and must ensure that it has one or more of the following legal bases:

• The performance of the contract;
• The performance of a legal obligation (e.g. keeping invoices);
• The legitimate interest of the Company;
• When the User has given his consent.

The Company is required to collect and record personal data of its Users for:

2.1 The provision of the Service by the Company or by its partners specialized in the digital industry

The Company uses the User’s personal information for the purpose of providing the Services of the Site.

The personal data provided by the User is mandatory when it allows the Company to monitor the provision of the Services and any complaints from the latter.

This data may also be transmitted to the Company’s technical service providers for the sole purpose of the proper performance of the Services, or the establishment of statistics.

This data may also be transmitted, where appropriate, to partners of the Company specializing in the digital industry providing certain Services on behalf of the Company or indirectly on behalf of the User. They thus allow them to respond to the questions and needs of the User in a precise and complete manner in response to their requests expressed via the Contact Form.

In their absence, the Services cannot be provided correctly.

2.2 The resolution and improvement of the Services:

ORIGAMI may use the User’s personal information to provide functionality, analyze performance, correct errors and improve the accessibility and efficiency of the Services made available.

2.3 Make recommendations for Services and customization of User options:

ORIGAMI may use the User’s personal information to recommend functions and services that may be of interest to the User. This data also allows ORIGAMI to identify the preferences of the User and to personalize his experience with the services offered by the Site.

2.4 Complying with the law:

ORIGAMI may be required to keep the personal data of Users of its Website in order to meet legal or regulatory requirements.

2.5 Use for Commercial Solicitation:

The personal data of Users may be used by the Company and, where applicable, by its partners specializing in the digital industry to send it newsletters, personalized offers, information and advertising concerning its activity and its services.

The User is informed that the Company is likely to transmit and/or market to its partners specialized in the digital industry the personal data collected solely to respond to a request formulated by the Contact Form. Any other solicitation remains prohibited without the express prior consent of the User.

2.6 A specific purpose:

ORIGAMI may require the User’s consent for the processing of their personal information for a specific purpose that will be indicated to them. When the User has given his consent for this specific purpose, he has the right to withdraw this consent at any time. ORIGAMI then undertakes to cease all processing of this User’s information for this purpose.

 

3. DISCLOSURE OF PERSONAL DATA CONCERNING THE USER

The personal data collected is only processed by ORIGAMI, except in the following cases:

3.1 If the recipients of this data are the police authorities in the context of judicial requisitions concerning the fight against fraud.

3.2 If the recipients of this data are the Company’s partners specializing in the digital industry in the context of the provision of the Services in order to provide the User with precise and complete information in response to his requests.

3.3 This data may also be transmitted to third parties in the context of:

• The fight against fraud and the recovery of unpaid debts;
• The performance of technical maintenance and development operations for the Website, internal applications and the Company’s information system;
• The collection of customer opinions;
• Sending the newsletter.

3.4 ORIGAMI may also share personal data, with the prior and express authorization of the User in the event of sale, transfer or merger of ORIGAMI or part of it, or if ORIGAMI acquires or merges with another Company.

If such a transaction takes place, ORIGAMI will ensure that the other party complies with data protection legislation and assumes all of the obligations provided for in these T&Cs and Personal Data Charter.

 

4. USERS’ RIGHTS

Pursuant to Articles 14 to 22 of Regulation 2016/679 of April 27, 2016, any natural person using the service has the right to exercise the following rights:

• a right to information: the obligation for the Company to make available to the User all the information that the latter has provided.
• a right of access : the right for the User to receive a copy of his personal data.
• a right of rectification : the right for the User to request the modification of his personal data which would be erroneous or incomplete.
• a right to erasure : the right for the User to request the deletion of his personal data, in certain situations.
• a right to limit processing : the fact that the Company cannot, beyond a certain time, continue to process and use the User’s personal data.
• a right to the portability of his data : the right for the User to receive his personal data provided to the Company, in a structured, commonly used and machine-readable format and/or to transmit this data to a third party, in certain situations.

a right of opposition : the right for the User to object at any time, for reasons relating to his particular situation, to the processing of personal data concerning him, in particular the right to object at any time to processing for marketing purposes : when the Company uses personal data for direct marketing purposes, the User.

Finally, when ORIGAMI detects a violation of personal data likely to create a high risk to the rights and freedoms of the User, the User will be informed of this violation as soon as possible.

The User has the right to lodge a complaint with a supervisory authority if he considers that the processing of personal data concerning him constitutes a violation of applicable law.

These rights can be exercised with ORIGAMI who collected the personal data by email at the following address: anne@origamianco.com

In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the applicant and specify the address to which the response must be sent. A response will then be sent to the User within two (2) months of receipt of the request.

 

5. TRANSFER OF USER DATA OUTSIDE THE EUROPEAN UNION

ORIGAMI stores the Personal Data of Users in the European Union.

However, it is possible that the data collected by ORIGAMI when the User uses the Site or the Services may be transferred outside the European Union to countries whose applicable personal data protection legislation differs from that applicable in France.

In this case, ORIGAMI implements the guarantees provided by the applicable legislation on the protection of personal data in order to ensure an adequate level of protection of the data transferred [in particular by standard contractual clauses (CCT) or internal rules of enterprises (BCR)].

 

6. HOW LONG ARE USER DATA RETAINED?

Users are informed that the personal data they provide is kept by ORIGAMI for the duration of the Service and the Services and limited to a period of one (1) year in the event of non-performance of Services by the society.

For certain types of processing, the retention of data is subject to specific retention periods, in particular justified by the legal obligations of the Company.

For more information on the retention periods applied by ORIGAMI, the User is authorized to contact ORIGAMI’s customer service at the following address: anne@origamiandco.com

 

7. SECURITY

7.1 Internal Company measures

As data controller, ORIGAMI uses appropriate and proportional security means on its Website to protect the information communicated by its Users and the personal data attached to it.

ORIGAMI takes all the necessary precautions to preserve the security and confidentiality of the data and in particular, to prevent them from being deformed, damaged, or that unauthorized third parties have access to them, thanks to the security of the computer system to prevent external access. to the personal data of Users.

When developing, designing, selecting and using its services, ORIGAMI takes into account the right to protection of personal data from the design stage.

The data is stored in the infrastructures indicated in article 1 of the T&Cs.

7.2 Relations with subcontractors

When it uses subcontractors likely to process the User’s personal data, ORIGAMI ensures that they provide sufficient guarantees as to compliance with data protection rules, and at least the same guarantees as those of ORIGAMI, by concluding a contract to this effect with the said subcontractors.

 

8. DOES ORIGAMI USE COOKIES, TAGS AND TRACKS?

When the User uses the ORIGAMI Services, the latter automatically receives and saves certain types of information such as the parameters of the Internet browser used.

When the User enters the Site, an information message is displayed to warn him of the use of cookies: “By continuing to browse this site, I accept the use of cookies, intended to offer me targeted communications and to compile visit statistics . ».

“Cookies” and other unique identifiers are thus used to obtain this information when the User’s browser or device accesses the Website.

8.1 What is a Cookie?

The term cookie encompasses several technologies making it possible to monitor the navigation and actions of the Internet user. These technologies are multiple and constantly evolving. In particular, there are cookies, tags, pixels, Javascript code.

The cookie is a small text file saved by the browser of your computer, tablet or smartphone and which makes it possible to store user data in order to facilitate navigation and allow certain functionalities.

8.2 Why are cookies, tags and tracers used?

Cookies are used by ORIGAMI in order to memorize the preferences of the User, to optimize and improve the use of the Website by the User by providing content that is more precisely adapted to his needs.

8.3 The Cookies that ORIGAMI issues on the site allow:

• To identify the User when connecting to the Site;
• To determine the settings of the User’s Internet browser, such as the type of browser used and the plug-ins installed there;
• To establish statistics and volumes of visits and use of the various elements making up our services (using audience measurement cookies);
• To adapt the presentation of the Website according to the terminal used;
• To adapt the presentation of the Website according to the affinities of each User;

Only the issuer of a cookie is likely to read or modify the information contained therein.

Some cookies are installed until the User’s browser is closed, others are kept for longer. Cookies are kept for a maximum of 12 (twelve) months.

8.4 Navigation software settings

The User can configure the browser software so that cookies are saved in their terminal or, on the contrary, that they are rejected, either systematically or according to their issuer.

The User can also configure his browser software so that the acceptance or refusal of cookies is offered to him from time to time, before a cookie is likely to be saved in your terminal.

8.5 How to exercise this choice, depending on the browser used?

For the management of cookies, the configuration of each browser is different.

The “help” section of the toolbar of most browsers indicates how to refuse new “cookies” or obtain a message that signals reception, or how to deactivate all “cookies”.

The cookies that ORIGAMI issues are used for the purposes described above, subject to the User’s choices, which result from the settings of his browser software used during his visit to the Site and his agreement by clicking on the ” ok” of the cookie banner.

Several possibilities are offered to the User to manage cookies. Any configuration of the User on the use of cookies will be likely to modify his browsing on the Internet and his conditions of access to certain services requiring the use of cookies.

The User can choose at any time to express and modify his wishes in terms of cookies, by the means described below.

For Internet Explorer™:
https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies,

For Safari™:
https://support.apple.com/fr-fr/guide/safari/sfri11471/mac,

For Chrome™:
http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647,

For Firefox™ :
http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies,

For Opera™ :
http://help.opera.com/Windows/10.20/fr/cookies.html

8.6 Behavioral cookies

ORIGAMI does not currently collect or process personal information called “behaviour” of the User, as defined by Ordinance No. 2011-1012 of August 24, 2011 relating to electronic communications.

Any placement of behavioral cookies on the Site by ORIGAMI will be subject to the prior express and prior authorization of the User.

 

9. THE DATA PROTECTION OFFICER

ORIGAMI does not meet the criteria for appointing a Data Protection Officer, provided for in Regulation (EU) n°2016/679 of April 27, 2016.