2. Terms of Use of the Site and the Services Provided.

The Site is a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not reuse, transfer, or exploit any part of the Site’s elements or works for their own benefit. The use of the site www.observationdauphins.com implies full acceptance of the following terms of use. These terms are subject to change or completion at any time, so users of the site www.observationdauphins.com are invited to review them regularly. The website www.observationdauphins.com is normally accessible at all times to users. However, an interruption for technical maintenance may be decided by www.observationdauphins.com, which will strive to notify users in advance of the dates and times of the intervention. The website www.observationdauphins.com is regularly updated by www.observationdauphins.com. 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 to become aware of any changes.

3. Description of the Services Provided.

The website www.observationdauphins.com is intended to provide information about the company’s activities. www.observationdauphins.com strives to provide the most accurate information possible on the site www.observationdauphins.com. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in the update, whether caused by it or by third-party partners who provide it with this information. All information indicated on the site www.observationdauphins.com is given for informational purposes and is subject to change. Furthermore, the information on the site www.observationdauphins.com is not exhaustive. It is subject to modifications that may have occurred since their online publication.

4. Contractual Limitations on Technical Data.

The site uses JavaScript technology. The website shall not be held liable for any material damage related to the use of the site. Moreover, the user of the site agrees to access it using recent equipment, free of viruses, and with an up-to-date modern browser. The website www.observationdauphins.com is hosted by a provider within the European Union, in compliance with the General Data Protection Regulation (GDPR: No. 2016-679). The aim 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. However, it reserves the right to interrupt the hosting service for the shortest duration possible, particularly for maintenance, infrastructure improvements, failure of its infrastructure, or if the Services and Services generate abnormal traffic. www.observationdauphins.com and the host cannot be held responsible in case of internet network dysfunction, telephone lines, or computing and telephony equipment, particularly due to network congestion preventing access to the server.

5. Intellectual Property and Counterfeiting.

www.observationdauphins.com owns the intellectual property rights and holds the usage rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, by any means or process, is prohibited, unless prior written authorization from www.observationdauphins.com is obtained. Any unauthorized exploitation of the site or any of its elements will be considered as counterfeiting and pursued in accordance with Articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of Liability.

www.observationdauphins.com acts as the editor of the site. www.observationdauphins.com is responsible for the quality and accuracy of the Content it publishes. www.observationdauphins.com cannot be held liable for direct or indirect damages caused to the user’s equipment when accessing the website www.observationdauphins.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from a bug or incompatibility. www.observationdauphins.com also cannot be held responsible for indirect damages (such as a loss of market or a missed opportunity) resulting from the use of the site www.observationdauphins.com. Interactive spaces (the possibility to ask questions in the contact area) are available for users. www.observationdauphins.com reserves the right to delete, without prior notice, any content posted in this area that violates the applicable legislation in France, particularly the provisions related to data protection. If necessary, www.observationdauphins.com also reserves the right to hold the user civilly and/or criminally responsible, especially in the case of messages that are racist, insulting, defamatory, or pornographic, regardless of the medium used (text, photographs, etc.).

7. Personal Data Management.

The Client is informed about the regulations concerning marketing communication, the law of June 21, 2014, for trust in the Digital Economy, the French Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 RESPONSIBLE FOR THE COLLECTION OF PERSONAL DATA

For the Personal Data collected during the creation of the User’s personal account and their navigation on the Site, the data controller is: Visual Diffusion. www.observationdauphins.com

7.2 PURPOSE OF COLLECTED DATA

www.observationdauphins.com may process all or part of the data: – To allow navigation on the site and the management and traceability of services and prestations ordered by the user: connection and usage data of the site, billing, order history, etc.

7.3 RIGHT OF ACCESS, RECTIFICATION, AND OBJECTION

In accordance with applicable European regulations, users of www.observationdauphins.com have the following rights:

• Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, or completing user data, the right to block or delete personal data (Article 17 GDPR) when they are inaccurate, incomplete, ambiguous, outdated, or where their collection, use, communication, or retention is prohibited.
• Right to withdraw consent at any time (Article 13-2c GDPR).
• Right to restrict the processing of user data (Article 18 GDPR).
• Right to object to the processing of user data (Article 21 GDPR).
• Right to portability of the data provided by users, when such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR).
• Right to define the fate of users’ data after their death and choose to whom www.observationdauphins.com should communicate (or not) their data to a third party that they have previously designated.

As soon as www.observationdauphins.com becomes aware of the death of a user and in the absence of instructions from the user, www.observationdauphins.com undertakes to delete their data unless its retention is necessary for legal obligations or to fulfill a contractual purpose.

If the user wishes to know how www.observationdauphins.com uses their personal data, requests to rectify them, or objects to their processing, the user can contact www.observationdauphins.com in writing at the following address: SAS DTO Thierry POURRERE, 678 Avenue de la Mer – 06210 MANDELIEU. In this case, the user must specify the personal data they wish to have corrected, updated, or deleted, and identify themselves precisely with a copy of an identity document (ID card or passport). Requests to delete personal data will be subject to the legal obligations imposed on www.observationdauphins.com, especially in terms of document retention or archiving.

Finally, users of www.observationdauphins.com can file a complaint with the relevant supervisory authorities, including the CNIL (https://www.cnil.fr/en/complaints).

7.4 NON-COMMUNICATION OF PERSONAL DATA

www.observationdauphins.com agrees not to process, host, or transfer the collected information from its customers to a country outside the European Union or to a country not recognized as “adequate” by the European Commission, without prior notification to the customer. However, www.observationdauphins.com is free to choose its technical and commercial subcontractors as long as they provide sufficient guarantees in accordance with the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

www.observationdauphins.com undertakes to take all necessary precautions to preserve the security of the information and ensure that it is not communicated to unauthorized persons. However, if a security breach affecting the integrity or confidentiality of the customer’s information is brought to www.observationdauphins.com’s attention, it will inform the concerned customer as soon as possible and communicate the corrective measures taken.

Furthermore, www.observationdauphins.com does not collect any “sensitive data”.

The personal data of the user may be processed by the subsidiaries of www.observationdauphins.com and subcontractors (service providers), solely for the purpose of fulfilling the objectives outlined in this policy. Within the scope of their respective duties and for the purposes mentioned above, the main individuals who may have access to the user data of www.observationdauphins.com are primarily agents from our customer service department.

8. Incident Notification

No matter the measures taken, no method of transmission over the Internet and no electronic storage method is completely secure. Consequently, we cannot guarantee absolute security. If a security breach is detected, we will inform the affected users so they can take the appropriate actions. Our incident notification procedures comply with our legal obligations, whether national or European. We commit to fully informing our clients about any security issues concerning their accounts and providing them with the necessary information to help them comply with their own regulatory reporting obligations.

No personal information of a user of the www.observationdauphins.com site is published without their consent, exchanged, transferred, assigned, or sold to third parties on any medium. Only in the event of the acquisition of www.observationdauphins.com and its rights would such information be transmitted to the potential buyer, who would be bound by the same obligations regarding the retention and modification of data as required by users of the www.observationdauphins.com site.

SECURITY

To ensure the security and confidentiality of personal data, www.observationdauphins.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing personal data, www.observationdauphins.com takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hyperlinks “Cookies” and Internet Tags

The site www.observationdauphins.com contains several hyperlinks to other sites, established with the authorization of www.observationdauphins.com. However, www.observationdauphins.com cannot check the content of these sites and will therefore not assume any responsibility for them. Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time, free of charge, from the deactivation options provided to you, as detailed below, noting 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 information file 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, and the date and time of access. Cookies will never harm the User’s device. www.observationdauphins.com may process the User’s information regarding their visit to the site, such as the pages viewed, searches made. This information allows www.observationdauphins.com to improve the site’s content and navigation for the User. Cookies facilitate browsing and/or provide the services offered by the site. The User can configure their browser to decide whether or not they wish to accept cookies, so that cookies are saved in their device or, alternatively, rejected, either systematically or depending on their issuer. The User can also configure their browser to request the acceptance or refusal of cookies, before a cookie is likely to be saved on their device. www.observationdauphins.com informs the User that, in this case, some of the browser’s features may not be available. If the User refuses to save cookies in their device or browser, or if the User deletes the cookies stored, they are informed that their browsing and experience on the site may be limited. This could also occur when www.observationdauphins.com or one of its providers cannot recognize, for technical compatibility reasons, the type of browser used by the device, language and display settings, or the country from which the device appears to be connected to the Internet. In this case, www.observationdauphins.com declines any responsibility for the consequences related to the degraded operation of the site and any services provided by www.observationdauphins.com, resulting (i) from the User’s refusal of cookies (ii) from the impossibility for www.observationdauphins.com to save or consult the necessary cookies for their operation due to the User’s choice. For managing cookies and the User’s preferences, the configuration of each browser is different. It is described in the browser’s help menu, which will guide the User on how to modify their cookie preferences. The User can express and modify their cookie preferences at any time. www.observationdauphins.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 on the site of www.observationdauphins.com or in its mobile application, and if the User has accepted the deposit of cookies by continuing their navigation on the site or mobile application of www.observationdauphins.com, Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on the User’s devices (computer, tablet, mobile phone). These types of cookies are only placed on your devices if you consent, by continuing your navigation on the website or mobile application of www.observationdauphins.com. The User may, however, withdraw their consent at any time to allow www.observationdauphins.com to place such cookies.

ARTICLE 9.2. INTERNET TAGS (“TAGS”)

www.observationdauphins.com may occasionally use internet tags (also called “tags”, action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-by-one GIFs) and deploy them through a web analytics partner who may be located (and therefore store corresponding information, including the User’s IP address) in a foreign country. These tags are placed both in the online ads that lead users to the site and on various pages of the site. This technology allows www.observationdauphins.com to assess the 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 provider may collect information about site visitors and other websites through these tags, compile reports on site activity for www.observationdauphins.com, and provide other services related to the use of the site and the internet.

10. Applicable Law and Jurisdiction

Any dispute related to the use of the site www.observationdauphins.com is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Cannes.