Definitions
Client: any professional or natural person capable according to the articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services and Products: https://www.optimumonline.ca/ makes available to Clients:
Content: The set of elements constituting the information present on the Site, including texts – images – videos.
Customer Information: Hereafter referred to as “Information” which corresponds to the set of personal data that https://www.optimumonline.ca/ may hold for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting, using the aforementioned site.
Personal Information: “The information that, in any form whatsoever, directly or indirectly, makes it possible to identify the natural persons to whom it applies” (article 4 of Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” have the meaning given by the General Data Protection Regulation (GDPR: No. 2016-679)
1. Presentation of the website.
In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, it is specified to the users of the https://www.optimumonline.ca/ website the identity of the different parties involved in its design and follow-up:
Owner: Julien Brunault – 3185 Tchesinkut Lake Rd Bear Lake, BC V0J 3G0 Toronto
Publication Manager: Julien Brunault – JulienBrunault@jourrapide.com
The publication manager is a natural or legal person.
Webmaster: Julien Brunault – JulienBrunault@jourrapide.com
Hosting: gandi – 63-65 Boulevard Masséna 75013 Paris 01 70 37 76 61
Data Protection Officer: Julien Brunault – JulienBrunault@jourrapide.com
2. General conditions of use of the site and the services offered.
The Site 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 for his own account all or part of the elements or works of the Site.
Use of the https://www.optimumonline.ca/ site implies full acceptance of the general conditions of use set out below. These conditions of use may be modified or supplemented at any time, and users of the https://www.optimumonline.ca/ site are therefore invited to consult them regularly.
The website https://www.optimumonline.ca/ is normally accessible at all times to users. However, https://www.optimumonline.ca/ may decide to interrupt the service for maintenance reasons, and will endeavour to communicate the dates and times of the intervention to users in advance. The https://www.optimumonline.ca/ website is regularly updated by https://www.optimumonline.ca/, responsible. In the same way, the legal notices may be modified at any time: they nevertheless apply to the user who is invited to consult them regularly in order to take knowledge of them.
3. Description of the services offered.
The https://www.optimumonline.ca/ website has for its object to provide information on all the activities of the company. https://www.optimumonline.ca/ endeavours to provide on the https://www.optimumonline.ca/ website information that is as accurate as possible. However, it cannot be held responsible for any inaccuracies or omissions in the information provided.
All the information on the https://www.optimumonline.ca/ website is given for information purposes only and is subject to change. Furthermore, the information given on the https://www.optimumonline.ca/ website is not exhaustive. It is given under reserve of modifications having been made since their putting on line.
4. Limitations on contractual data protection.
The site uses JavaScript technology. The site https://www.optimumonline.ca/ cannot be held responsible for any material damage resulting from the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment with an up-to-date browser. The https://www.optimumonline.ca/ site is hosted by a service provider on Canadian territory in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)
The service provider 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 periods, notably for maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services and Products generate abnormal traffic.
https://www.optimumonline.ca/ and the hosting provider cannot be held responsible in the event of a malfunction of the network, telephone lines or computer and telephone equipment linked in particular to the congestion of the network preventing access to the server.
5. Intellectual property and counterfeiting.
https://www.optimumonline.ca/ is the owner of the rights to intellectual property and holds the rights to use all the elements accessible on the website, including texts – images – videos. Any reproduction, representation, modification, publication, adaptation of all or part of the site, whatever the means or process used, is prohibited without the prior written authorisation of: https://www.optimumonline.ca/.
Any unauthorised use of the site or any of the elements that make it up will be considered as a counterfeit and will be prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
https://www.optimumonline.ca/ acts as the publisher of the site. https://www.optimumonline.ca/ is responsible for the quality and accuracy of the Content it publishes.
https://www.optimumonline.ca/ cannot be held responsible for any direct and indirect damage caused to the user’s equipment when accessing the https://www.optimumonline.ca/ website and resulting from the use of the user’s equipment not complying with the specifications indicated in point 4, or from a bug or incompatibility.
https://www.optimumonline.ca/ cannot be held responsible for any indirect damage (such as loss of market or loss of opportunity) resulting from the use of the https://www.optimumonline.ca/ site. Interactive spaces ( possibility of asking questions in the contact space) are at the disposal of the users. https://www.optimumonline.ca/ reserves the right to delete, without prior notice, any content posted in this space that contravenes the applicable French legislation, in particular the provisions relating to the protection of personal data. In this case, https://www.optimumonline.ca/ also reserves the right to take legal action against the user, in particular in the event of a message with a racist, defamatory, insulting or pornographic content, whatever the medium used (text, photograph…).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the digital economy, the Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Responsible parties for the collection of personal data
The data controller for the personal data collected in the context of the creation of the user’s personal account and navigation on the Site is: Julien Brunault. https://www.optimumonline.ca/ is represented by Julien Brunault, its legal representative.
As the data controller, https://www.optimumonline.ca/ undertakes to comply with the provisions of the applicable legal framework. It is up to the Client to establish the purposes of the processing of his personal data, to provide his prospects and customers, from the collection of their consent, with complete information on the processing of their personal data and to keep a register of the processing in accordance with the reality. Each time https://www.optimumonline.ca/ processes personal data, https://www.optimumonline.ca/ takes all reasonable measures to ensure the accuracy and relevance of the personal data with regard to the purposes for which it is processed.
7.2 Purpose of the data collected
https://www.optimumonline.ca/ may process all or part of the following data:
- to allow navigation on the Site and the management and tracking of the services and products ordered by the user: connection data and use of the Site, billing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection data and use
- to conduct optional customer satisfaction surveys on https://www.optimumonline.ca/: email address
- to conduct communication campaigns (SMS, email): telephone number, email address
https://www.optimumonline.ca/ does not sell personal data, which is therefore only used by necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with the applicable European regulations, the users of https://www.optimumonline.ca/ have the following rights:
- right of access (article 15 GDPR) and right of rectification (article 16 GDPR), right of updating, right of completeness of the personal data of the users right of locking or erasure of the personal data of the users to the extent that they are inaccurate, incomplete, ambiguous, obsolete or the collection, use, communication or storage of which is prohibited
- right to withdraw consent at any time (article 13-2c GDPR)
- right to limit the processing of the personal data of the users (article 18 GDPR)
- right to object to the processing of the personal data of the users (article 21 GDPR)
- right to portability of the data that the users have provided, when these data are subject to automated processing based on their consent or on a contract (article 20 GDPR)
- right to define the fate of the personal data of the users after their death and to choose to whom https://www.optimumonline.ca/ will or will not communicate (or not) its data to a third party that they have previously designated
If the user wishes to know how https://www.optimumonline.ca/ uses his personal data, to request its rectification or to object to its processing, the user can contact https://www.optimumonline.ca/ by writing to the following address: Julien Brunault – DPO, Julien Brunault – 3185 Tchesinkut Lake Rd Bear Lake, BC V0J 3G0 Toronto.
In this case, the user must indicate the personal data that he wishes https://www.optimumonline.ca/ to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).
Any requests for deletion of personal data will be subject to the legal obligations to which https://www.optimumonline.ca/ is subject, in particular with regard to the conservation or archiving of documents. Finally, the users of https://www.optimumonline.ca/ may file a complaint with the competent authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://www.optimumonline.ca/ undertakes not to communicate the personal data collected on its clients to a country outside the European Union or recognised as “non-adherent” by the European Commission without prior information to the client. However, https://www.optimumonline.ca/ remains free to choose its technical and commercial subcontractors, provided that they present sufficient guarantees in accordance with the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.optimumonline.ca/ undertakes to take all reasonable measures to protect the security of the personal data and in particular to protect it against any loss, unauthorised access, disclosure, alteration or destruction. However, if an incident affecting the integrity or confidentiality of the personal data is brought to the knowledge of https://www.optimumonline.ca/, that one must inform the user in the best delay and communicate to him the corrective measures taken. Furthermore, https://www.optimumonline.ca/ does not collect any “sensitive data”.
The personal data of the user may be processed by subsidiaries of https://www.optimumonline.ca/ and external service providers, exclusively for the purposes of the present policy.
In the limit of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of the users of https://www.optimumonline.ca/ are mainly the agents of our customer service.
8. Notification of incident
Although every effort is made, no method of transmission over the Internet and no electronic storage method is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will warn the users concerned so that they can take the appropriate measures. Our incident notification procedures comply with our legal obligations, whether at the national or European level. We undertake to inform our clients fully of all the issues relating to the security of their account and to provide them with all the necessary information to help them comply with their own regulatory obligations in terms of reporting.
No personal information of the user of the https://www.optimumonline.ca/ site is published, exchanged, transferred, ceded or sold on any medium whatsoever to third parties without the user’s knowledge, consent, exchange, transfer, cession or sale. Only the event of the takeover of https://www.optimumonline.ca/ and its rights may allow the transfer of the said information to the potential acquirer, who will in turn be subject to the same obligation of conservation and modification of the data with regard to the user of the site https://www.optimumonline.ca/.
Security
To ensure the security and confidentiality of personal data and health data, https://www.optimumonline.ca/ uses protected networks such as firewalls, pseudonymisation, encryption and password.
When processing personal data, https://www.optimumonline.ca/ takes all reasonable measures to ensure their security against any loss, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, “cookies” and internet tags (“tags”)
The https://www.optimumonline.ca/ site contains a certain number of hypertext links to other sites, set up with the authorisation of https://www.optimumonline.ca/. However, https://www.optimumonline.ca/ cannot be held responsible for the content of the sites thus visited, and declines all responsibility in this respect.
Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies and this is free of charge at any time by following the disabling options offered and recalled below, knowing 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 terminal (e.g. computer, smartphone), (hereafter “Cookies”). This file contains information such as the domain name of the user, the Internet service provider of the user, the operating system of the user, as well as the date and time of access. Cookies do not in any way endanger the user’s terminal.
https://www.optimumonline.ca/ may use cookies to facilitate navigation and/or the provision of the services offered by the Site. The information collected by these cookies concerns the pages consulted, the searches carried out. This information allows https://www.optimumonline.ca/ to improve the content of the Site and the navigation of the User.
The use of cookies facilitating navigation and/or the provision of the services offered by the Site, the user can configure his browser so that he allows or refuses the deposit of cookies in a general way, or so that he is proposed the acceptance or refusal of cookies from time to time, before that a cookie is likely to be recorded in his terminal. https://www.optimumonline.ca/ informs the user that in this case, some functionalities of his software of navigation may not be all available.
If the user refuses the registration of cookies in his terminal or his browser, or if the user deletes those that are registered, the user is informed that his navigation and his experience on the Site may be limited. This could also be the case when https://www.optimumonline.ca/ or one of its providers cannot recognise, for technical compatibility reasons, the type of browser used by the terminal, the display and language settings or the country from which the terminal seems to be connected to the Internet.
The case where https://www.optimumonline.ca/ or one of its providers cannot recognise, for technical compatibility reasons, the type of browser used by the terminal, the display and language settings or the country from which the terminal seems to be connected to the Internet.
In any case, https://www.optimumonline.ca/ declines all responsibility for any malfunction of the network, telephone lines or computer and telephone equipment linked in particular to the congestion of the network preventing access to the server.
Finally, in clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus present on the Site of https://www.optimumonline.ca/ or in its mobile application and if the user has accepted the deposit of cookies by continuing his navigation on the Site Internet or the mobile application of https://www.optimumonline.ca/, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone). These types of cookies are only deposited on your terminals if you give your consent, by continuing your navigation on the Site Internet or the mobile application of https://www.optimumonline.ca/. At any time, the user can nevertheless withdraw his consent to the deposit of this type of cookies by https://www.optimumonline.ca/.
In any case, https://www.optimumonline.ca/ informs the user that, in this case, some functionalities of his software of navigation may not be all available.
Article 9.2. INTERNET TAGS (“TAGS”)
https://www.optimumonline.ca/ may occasionally use internet tags (also known as “tags”, or action tags, GIF to one pixel, GIF transparent, GIF invisible and GIF one to one) and deploy them through a partner specialising in web analytics who may be located (and therefore store the corresponding information, including the user’s IP address) in a foreign country.
This technology allows https://www.optimumonline.ca/ to evaluate the responses of visitors 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 use of this Site by the User.
The service provider external to https://www.optimumonline.ca/ may therefore collect information on the visitors of the Site and other sites on the Internet thanks to these tags, constitute reports on the activity of the Site for https://www.optimumonline.ca/, and provide other services relating to the use of that site and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the https://www.optimumonline.ca/ site is subject to Canadian law. Outside of cases where the law does not allow it, the exclusive jurisdiction is attributed to the competent courts of Paris