Terms and Conditions

Definition

Client: Any professional or legally capable natural person within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Website is subject to these terms and conditions.

Benefits and Services: Qwarry provides Customers with a website, hereinafter referred to as “the Website”.

Content: All elements constituting the information on the Website, in particular texts – images – videos.

Customer information:  Hereinafter referred to as “Information(s)” which is all personal data that may be held by Qwarry for account management, customer relationship management, and for analysis and statistical purposes.

User: Connected internet user, using the aforementioned website.

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 law n°78-17 of January 6, 1978)

The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” within the meaning of the General Data Protection Regulation (GDPR: n°2016-679).

1. Website presentation

Under Article 6 of Law No. 2004-575 of June 21, 2004 on the confidence in the digital economy, users of the website https://www.qwarry.com are informed of the identity of the various parties involved in its creation and monitoring:

Owner: SAS Qwarry Share Capital of 10000€ TVA Number: FR75849206891 – 128 rue de la Boétie 75008 Paris

Publishing director:  Geoffrey Berthon – [email protected]
Webmaster: Geoffrey Berthon – [email protected]
Host: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Geoffrey Berthon – [email protected]

2. Website Terms of use and Service

The Website is an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations.
The Customer may in no way reuse, transfer, or exploit for its own account all or part of the elements or work on the Website.

Use of the Website implies full and complete acceptance of the terms of use described below. These conditions of use may be amended or supplemented at any time, users of the website https://www.qwarry.com are therefore invited to consult them regularly.

This website is always accessible to users. An interruption for technical maintenance may however be decided by Qwarry, which will then endeavor to inform users in advance of the dates and times of the intervention.
The Website is regularly updated, the same way, the legal notices may be amended at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible to read them.

3. Description of services provided

The purpose of the website is to provide information regarding all the company’s activities.
Qwarry strives to provide information on its website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in the update, whether caused by itself or by third-party partners who provide it with this information.

All the information provided on the website is given as an indication and is likely to evolve. Furthermore, the information on the website is not exhaustive. It is given subject to changes that have been made since it was put online.

4. Contractual limitations on technical data

The website uses JavaScript technology.

The website cannot be held responsible for material damages related to it’s use. In addition, the website’s user undertakes to access it using recent, virus-free equipment and with the latest-generation up-to-date browser.
The website is hosted by a service provider on the territory of the European Union following the provisions of the General Data Protection Regulation (RGPD: n° 2016-679).

The goal 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 right to interrupt the hosting service for the shortest possible time, particularly for maintenance, improvement, failure of its infrastructure, or if the Benefits and Services generate traffic that is deemed abnormal.

Qwarry and the host cannot be held responsible in case of the Internet network, telephone lines or computer and telephony equipment’s malfunction, linked particularly to network congestion preventing access to the server.

5. Intellectual property and counterfeits

Qwarry is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, particularly the texts, images, graphics, logos, videos, icons, and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements on the website, regardless of the means or process used, is prohibited without prior written authorization from Qwarry.

Any unauthorized use of the website or any of the elements it contains will be considered as an infringement and will be prosecuted by the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability

Qwarry acts as the website’s publisher and is responsible for the quality and truthfulness of the Content published.

Qwarry cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the website https://www.qwarry.com, and resulting either from the use of equipment that does not meet the specifications indicated in point 4 or from the occurrence of a bug or incompatibility.

Qwarry shall also not be liable for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the website https://www.qwarry.com.
Interactive spaces (option to ask questions using the contact area) are available to users. Qwarry reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, particularly the provisions related to data protection. If necessary, Qwarry also reserves the possibility of calling into question the user’s civil and/or criminal liability, particularly in the event of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).

7. Management of personal data

The Customer is informed of the regulations concerning marketing communication, the June 21, 2014 law on the confidence in the digital economy, the Data Protection Law of August 6, 2004, and the General Data Protection Regulations (GDPR: No. 2016-679).

7.1 Personal data collectors

For Personal Data collected within the framework of the creation of the User’s personal account and their navigation on the website, the person in charge of processing Personal Data is: Qwarry represented by Geoffrey Berthon, its legal representative.

As the party responsible for processing the data it collects, Qwarry undertakes to comply with the legal provisions in force. Particularly, it is its responsibility to establish the purposes of its data processing, to provide its prospects and clients, based on their consents’ collection, with complete information on their personal data processing, and to maintain a processing register in accordance with reality.
Whenever Qwarry processes Personal Data, It takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.qwarry.com processes them.

7.2 Purpose of collected data

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

  • to enable browsing on the website and the management and traceability of the services ordered by the user: connection and use data of the Website, invoicing, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking…): hardware used for browsing, IP address, passwords (hashed)
  • to conduct optional satisfaction surveys on https://www.qwarry.com: email address
  • to conduct communication campaigns (SMS, email): phone number, email address

Qwarry 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

Under the European regulations in force, the Users of https://www.qwarry.com have the following rights:

  • right of access (article 15 of the GDPR) and rectification (article 16 of the GDPR), updating, completeness of Users’ data right to block or delete Users’ personal data (article 17 of the GDPR), when they are inaccurate, incomplete, equivocal, 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 Users’ data (article 18 GDPR)
  • right to object to the processing of Users’ data (article 21 GDPR)
  • right to the portability of the data provided by the Users, when these data are 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://www.qwarry.com will have to communicate (or not) their data to a third party that they will have previously designated.

As soon as https://www.qwarry.com becomes aware of a User’s death and in the absence of instructions from them, https://www.qwarry.com undertakes to destroy their data, unless it is necessary to keep it for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how Qwarry uses their Personal Data, asks to correct it, or objects to its processing, the User may contact Qwarry in writing at the following address:

Qwarry – DPO, Geoffrey Berthon
128 rue de la Boétie 75008 Paris. In this case, the User must indicate the Personal Data that they would like Qwarry to correct, update or delete, by identifying themselves precisely with a copy of their ID (identity card or passport).

Requests for deletion of Personal Data will be subject to Qwarry’s legal obligations, including those related to document storage or filing. Finally, Users of https://www.qwarry.com can file a complaint with the supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

Qwarry will not process, host, or transfer the Information collected about its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without prior notice to the Customer. However, Qwarry remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).

Qwarry commits to take all necessary precautions to preserve the security of the Information and that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer’s Information is brought to Qwarry’s attention, Qwarry shall promptly inform the Customer and communicate the corrective measures taken. Furthermore, Qwarry does not collect any “sensitive data”.

User’s Personal Data may be processed by Qwarry’s subsidiaries and subcontractors (service providers), exclusively to fulfill the purposes of this policy.

Within the limits of their respective attributions and for the purposes reminded above, the main persons likely to have access to Qwarry’s data Users are mainly our customer service department.

7.5 Type of data collected

Regarding the contact forms’ users, we collect the following data which is essential for the service operation and which will be kept for a maximum period of 24 months after the end of the contractual relationship: surname, first name, email, telephone, company name.

In addition, Qwarry collects information to provide contextualized advice: Google AdWords

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

8. Incident Notification

No matter how hard you try, no method of transmission over the Internet and no method of electronic storage are completely secure. As a result, we cannot guarantee absolute security.
If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification processes take into account our legal obligations, whether at the national or European level. We are committed to keeping our clients fully informed of all matters relating to the security of their accounts and to providing them with all the information necessary to help them meet their own regulatory obligations in terms of reporting.

No personal information of the user of the website https://www.qwarry.com is published without the user’s knowledge, exchanged, transferred, ceded, or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of Qwarry and its rights would allow the transmission of the said information to the possible purchaser who would, in turn, be bound by the same conservation’s obligation and data modification towards the website’s user https://www.qwarry.com.

Security

To ensure the Personal Data and Personal Health Data’s security and confidentiality, Qwarry uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, Qwarry takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links and internet tags

The website contains a certain amount of hypertext links to other websites. Qwarry has no option of verifying the content of the websites thus visited, and consequently assumes no responsibility for this fact.

Qwarry 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 through a web analytics partner that may be located (and thus store corresponding information, including the User’s IP address) in a foreign country.

These tags are placed in both online advertisements allowing Internet users to access the Website and on the various Websites’ pages.

This technology allows Qwarry to evaluate visitors’ responses to the Website and the effectiveness of its actions (for example, the number of times a page is opened and the consulted information consulted), as well as the use of this Website by the User.

The external service provider may collect information about visitors through these tags, compile reports of Website activity for Qwarry, and provide other services relating to the use of the Website and the Internet.

10. Applicable law and attribution of jurisdiction

Any dispute related to the Website’s use is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.