Last Updated 04/11/2022
Omny, société par actions simplifiée (a simplified joint stock company under French law) with share capital of €20,000, represented by Cyril BOURGOIS, with its registered office at 220, Boulevard Raspail, 75 014 PARIS, entered on the Paris Trade and Companies Register under number 914 244 181, whose intra-community VAT number is FR 34914244181.
Contact details: email@example.com
Cyril BOURGOIS in his capacity as CEO of Omny SAS.
Contact details: firstname.lastname@example.org
398 11th Street, 2nd Floor
San Francisco, CA 94103
Last Updated 04/11/2022
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
These general terms and conditions of use (hereinafter the “General Terms and Conditions of Use” or “GTCU”) govern all relations between Omny, société par actions simplifiée (a simplified joint stock company under French law) with share capital of €20,000, represented by Cyril Bourgois, with its registered office at 220, Boulevard Raspail, 75 014 PARIS, entered on the Paris Trade and Companies Register under number 914 244 181 (“hereinafter the “Company”) and the users of the Company’s website accessible at www.get-omny.com(hereinafter the “Website”), such as in particular Omny's prospects or customers (hereinafter the “Users”).
2. ACCESS TO THE WEBSITE and ACCEPTANCE OF THE GTCU
These documents are accessible on the appropriate tabs on the Website.
It is the responsibility of the User to ensure that his or her computer hardware (such as PC, tablet, mobile phone, associated software) and the internet connection that he or she uses are appropriate and secure to enable optimal use of the Website in complete security.
The costs generated by logging into the Website and browsing the Website are borne exclusively by the User.
4. INTELLECTUAL PROPERTY
The content of the Website, such as, but not limited to: images, photographs, drawings, logos, brands, texts, pictograms, icons, file structure, sounds, videos, software (architecture, interface, codes), databases, is protected by specific provisions of the French Intellectual Property Code (Code de la Propriété Intellectuelle).
Access to the Website and use of the Website do not grant the User any right or title to this content, in particular no license rights. Any reproduction, representation, dissemination, decompilation, extraction, downloading or copying of the content of the Website, in whole or in part, without the prior written consent of the Company is prohibited.
5. PERSONAL DATA
When accessing the Website, browsing the Website, and when using the services offered by the Website, the User may be invited to provide personal data.
Users are solely responsible for the relevance and accuracy of the personal data they provide to the Company via the Website.
Furthermore, the Company may collect information and personal data relating to the User and his/her browsing on the Website.
When it collects the User’s personal data through the Website, the Company acts in its capacity as data controller within the meaning of the French national and European laws, regulations and other standards applicable to the processing of personal data, including Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of personal data, as well as French law No. 78-17 of 6 January 1978 on information technology, files and freedoms.
A hypertext link is an element placed in the content of a page of the Website and which makes it possible, by clicking on it, to access other content of the Website (internal link) or third-party websites (external link).
The Company declines all liability for access to and/or use by the User of external links to third-party websites, and declines all liability in connection with the content of these third-party websites and any direct or indirect damage that may result therefrom.
The Company does not publish, host or store any content on third-party websites or any information that the User may communicate to these third-party websites.
7. LIABILITY AND GUARANTEES
Users are responsible for their use of the Website.
To the fullest extent permitted by applicable law and regulations, the Company declines all liability for any losses, costs or damages (direct or indirect) suffered by a User as a result of using the Website.
The Company takes reasonable steps to ensure the security of the Website. However, as web browsing cannot be fully secure, which the User acknowledges, the Company excludes any express or implicit guarantee relating to the security of the Website.
The Website is provided as it stands; use of the Website is at the User’s risk. The Company excludes any implied or explicit guarantee, including but not limited to any guarantee relating to the merchantability of the Website, its suitability for a particular purpose, its accessibility, availability, ergonomics, performance and content. In particular, the Company does not guarantee that the Website is free from errors, infringements of third-party rights, viruses or other bugs, or that the content of the Website is accurate and up to date.
Notwithstanding the foregoing, Company shall take reasonable steps to ensure the safety and security of the Website. However, the User acknowledges that the Internet network is not a completely secure medium. Consequently, the User acknowledges and accepts that the Company cannot guarantee that any information or content published or communicated via the Website is fully protected against any unauthorised use or access.
8. CONTROL OF THE USE OF THE WEBSITE
The Company may exercise any control over the use of the Website, and reserves the right to suspend access to the Website to any User who misuses it, without prejudice to the right to obtain compensation for the loss suffered.
In this respect, the following constitute misuse of the Website:
- using the Website in breach of applicable laws and/or regulations;
- using the Website for malicious, illegal purposes or contrary to public policy;
- causing nuisance due to the use of the Website or compromising or deteriorating its operation;
- adding, deleting or modifying information, in particular with the aim of misleading or abusing third parties;
- using the Website to access, or attempt to access, others’ accounts, or to infiltrate, or attempt to infiltrate, the Company’s or any third parties’ security measures, computer software, computers, electronic communication or telecommunications systems;
- using the Website to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or taking screenshots, database extraction or any other activity aimed at obtaining lists of Users or any other information;
- using the Website for any activity that may adversely affect the ability of other persons or systems to use the services offered by the Website, or the networks in general, including but not limited to DDoS and piracy;
- using the Website to disclose personal data to the public outside any lawful basis for processing.
9. CONTACT DETAILS
For any question or request, as well as in the event of a malfunction of the Website, Users are invited to contact the Company at the following address: email@example.com
10. FINAL PROVISIONS
These GTCU constitute the entire agreement between the Company and the User with respect to its purpose.
The Company reserves the right to modify and/or update the content of the GTCU, at any time, without notice and at its sole discretion. These changes and updates will take effect on the date they are published on the Website. The User is advised to regularly consult the Website in order to be informed of any such changes and updates.
The Company reserves the right to modify, suspend or cancel any content, part or functionality of the Website at any time, impose limits on certain functionalities and/or restrict access to the Website, in whole or in part, without notice and at its sole discretion.
The fact that the Company does not invoke, apply or exercise all or part of the provisions hereof does not constitute a waiver on its part to invoke, apply or exercise said provisions.
If any provision hereof is declared void or unenforceable as a result of any court decision, applicable law or regulation, it shall be deemed unwritten and shall not result in the cancellation of the other provisions.
The Company reserves the right to assign or transfer to any third party of its choice all or part of its rights or obligations arising hereunder.
11. APPLICABLE LAW
These GTCU are subject to French law.
12. COMPETENT JURISDICTION
In the event of a dispute arising between the Company and a User relating to these GTCU and/or following access to, operation of or use of the Website that could not have found an amicable solution within a reasonable period, the French courts shall have sole jurisdiction to hear such a dispute.
Last Updated 06/09/2022
« Cookie(s) »: means a text file placed on a user's hard disk by the server of the website visited or by a third party server, containing information relating to the user's browsing.
« Data »: means any personal data (such as surname, first name, email address, postal address, etc.) within the meaning of the applicable Regulations.
« Data Subject(s)» or « You »: means any natural person whose Data is processed by Omny.
« Applicable Regulations »: means the domestic and European laws and regulations relating to the protection of personal data, including (i) French Law No. 78-17 of 6 January 1978 as amended relating to information technology, data and freedoms, (ii) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 (iii) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and (iv) any other future applicable legislation that may supplement or replace them.
« Regulation »: means Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of personal data.
« Website »: means the Omny website at the following address: www.get-omny.com
3. RESPONSABILITIES OF OMNY
Within the meaning of the applicable Regulations, certain Data processing is carried out under the responsibility of Omny, or under the joint responsibility of Omny and third-party companies.
4. THE DATA PROCESSED BY OMNY
4.1 Nature of Data processed
Omny processes the following Data:
- Identity data and contact details such as: last name, first name, date of birth, gender, postal address, telephone number and email address;
- Browsing data on the Website such as: IP address of the device used, identifiers associated with the device used, type of browser and operating system used, date, time and duration of browsing, pages searched and/or consulted, browsing duration, reference URL (if applicable);
4.2 Data collection methods
Data may also be communicated by the Data Subject directly to Omny, for example by completing a contact form via the Website.
Prior to any communication of Data, the Data Subject is informed of the mandatory or optional nature of such Data, the consequences of a refusal to communicate mandatory Data, its rights and the purpose.
5. PURPOSES OF PROCESSING
Omny processes the Data for the following purposes:
- Administering the Website (corrective and upgrade maintenance, fraud detection, etc.);
- Make audience measurements on the Website in aggregated and anonymised form;
- Communicating with the Data Subjects in the context of a request for information on Omny products and services;
- Communicating with the Data Subjects in the context of a request to exercise rights;
- Managing Omny pages on social media related to the Omny recruitment policy (such as, but not limited to: LinkedIn™)
- Allowing Omny to comply with its legal obligations;
- Allowing Omny to comply with security and audit requirements;
- Allowing Omny to defend its interests, including in court;
- Displaying the most appropriate advertisement for the profile of Data Subjects using online behavioural advertising and programmatic advertising techniques, and determining whether the Data Subject is a member of a social media platform in order to display advertising there and/or to identify consumers with similar interests and characteristics.
6. LEGAL BASES FOR THE PROCESSING
Omny processes the Data either on the legal basis of the consent of the Data Subject or on the legal basis of the legitimate interest of Omny while preserving the interests and fundamental rights of the data subjects.
Where Omny bases its processing on the legal basis of consent, the Data Subject is asked to accept or refuse such processing by ticking an appropriate box. The Data Subject is informed that he or she has the option to withdraw this consent at any time.
Where Omny bases such processing on the lawful basis of the legitimate interest, they are informed that they have the option to object to such processing
7. RECIPIENTS OF THE DATA
The Data is primarily intended for processing by persons who are Omny personnel.
Where necessary, Omny may disclose Data to persons other than the aforementioned persons.
This may include:
- Omny service providers, contractors and other partners such as: social media platforms, search engines, advertising agencies, credit institutions, IT development and maintenance companies, website hosting and management companies, legal, accounting, auditing and other professional service providers related to Omny's activities;
- third parties involved in a sale, merger, consolidation, change of control, transfer of substantial assets, financing, restructuring or liquidation of Omny;
- agents of a public or judicial authority, governmental agencies, regulatory agencies or other third parties to comply with applicable law, or to detect, protect or defend the interests of Omny.
8. LOCATION OF DATA
Data is in principle processed by Omny in the EEA (European Economic Area).
By way of exception, the Data may be located outside this territory, for example for storage or maintenance purposes. In such an event, Omny ensures that the Data is located either in a territory benefiting from an adequacy finding, or that such Data is transferred by means of appropriate transfer instruments provided for by the Regulation (in particular by means of standard contractual clauses or binding corporate rules).
Any request for information concerning the location of your Data must be sent to the following contact details: firstname.lastname@example.org
9. DATA SECURITY
Data security is one of Omny’s priorities.
To this end, Omny undertakes to implement appropriate technical and organisational measures to ensure a level of data security appropriate to the risk to the rights and freedoms of natural persons in the context of the aforementioned processing.
These measures take into account the state of knowledge, the nature and intensity of the risks, as well as the implementation costs.
11. RIGHTS OF THE DATA SUBJECTS
Data Subjects are informed that they have the following rights over their Data, under the conditions and limits provided for by the Applicable Regulations:
- the right to withdraw their consent at any time when the Data processing is based on consent;
- the right to object to the processing of all or part of the Data;
- the right to request the limitation of certain Data processing;
- the right to access the Data and to receive a copy of said Data in a structured, commonly used and machine-readable format;
- the right to request the deletion of the Data;
- the right to request any rectification of the Data;
- the right to give instructions on how to deal with the Data post-mortem;
- the right to lodge a complaint with the Commission Nationale Informatique et Libertés (French Data Protection Agency “CNIL”) or any supervisory authority under the conditions set out hereinafter.
Any complaint may be submitted to the CNIL (information available at www.cnil.fr).
However, before making any complaint, You should contact Omny at the following address: email@example.com.
12. DATA STORAGE PERIOD
Omny undertakes to ensure that the Data are retained for no longer than the period necessary for the purposes for which the Data are collected and processed.
Administering the Website: The time required for corrective and upgrade maintenance and fraud detection operations.
Performing audience measurements on the Website in aggregated and anonymised form: 25 months from the collection of the Data by means of Cookies.
Managing Omny pages on social media related to the Omny recruitment policy (such as, but not limited to: LinkedIn™): Job application data are retained for a period of 2 years in the current database and then 3 additional years in archiving.
Allowing Omny to comply with its legal obligations and security and audit requirements: Duration of the legal obligation in question.
Allowing Omny to defend its interests, including in court: For the duration of the relevant statutory limitation period.
13. CONTACT DETAILS
Please check it regularly.
15. APPLICABLE LAW
Last Updated 04/11/2022
« Cookie(s) »: means a text file placed on the Internet user's terminal by the server of the Website visited or by a third party server, containing information on the Internet user's browsing.
« Data »: means any information (such as surname, first name, email address, postal address, etc.) that directly or indirectly identifies a natural person within the meaning of the Applicable Regulations.
« Website Publisher »: means the company that publishes the content of the Website under its responsibility within the meaning of the applicable Regulations.
« Data Subject(s) » or « You »: means any natural person whose Data is processed by Omny.
« Applicable Regulations »: means the domestic and European laws and regulations relating to the protection of personal data, including (i) French Law No. 78-17 of 6 January 1978 as amended relating to information technology, data, and freedoms, (ii) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 (iii) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and (iv) any other future applicable legislation that may supplement or replace them.
« Regulation »: means Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of personal data.
« Website »: means the Omny website accessible at the following address: www.get-omny.com
« User » or «You »: means any Internet user browsing the Website.
3. TYPE OF COOKIES
Cookies may be issued:
- by Omny and its service providers;
- by third parties, Omny partners
Only the issuer of the Cookies is able to read the browsing information collected by the Cookie.
The Cookies may be session cookies or permanent cookies:
- Session Cookies are temporary cookies that remember the choices and preferences of the User and are then deleted as soon as they leave the Website;
- Permanent Cookies remain in one of the browser subfolders until they are deleted manually or until they expire.
Some Cookies may be mandatory because they are essential for the proper functioning of the Website; other Cookies are optional, and the User may refuse these Cookies at any time.
4. INFORMATION COLLECTED BY COOKIES
The information collected by Cookies may relate to: the device used to connect to the Website (such as a computer, PC, tablet, mobile phone), how the User browses on the Website and on third-party websites to which the Website refers.
This includes, for example, the following Data:
- Data relating to the operating system, the browser used, the IP address,
- Data relating to unique identifiers associated with the device used,
- Data relating to the web pages viewed,
- Data relating to services viewed online (including information on the services sought or consulted),
- Data relating to the time spent on certain parts of the Website, including the date and time of the visit.
Users are informed that when they log into a Website, and each time they visit a web page, the User’s IP address is automatically reported to the Cookie issuer by the browser. IP addresses are usually recorded by the issuer in files called “log files”.
5. PURPOSE OF COOKIES
Cookies are used by Omny for the following purposes:
5.1. The smooth operation of the Website
These are Cookies strictly necessary to browse the Website, remember the User’s choice (such as the User’s name, the language used and the User’s location), and thus enable the User to use the Website’s features. Without these Cookies, the Website cannot function properly.
These Cookies may also be used to remember the changes made by the User to the pages of the Website that can be personalised.
5.2 Analysing the performance of the Website
These are Cookies used to collect information on how Users use the Website, for example the pages they visit most often. This information is used to measure the audience performance of the Website.
5.3 Social media pages managed by Omny
When the User browses a page on a social media page managed by Omny, such as LinkedIn™, it is likely that Cookies will also be installed on their device by the social media itself.
These Cookies are issued and configured by the social media. To modify these Cookies, it is necessary to modify the settings provided by the social media.
6. DURATION OF STORAGE OF COOKIES
Cookies exempted from obtaining consent are stored on the device for a maximum period of thirteen (13) months.
Cookies subject to consent are stored on the device for a maximum period of six (6) months.
For these Cookies, the information relating to the choice of the user (consent and refusal) is stored for a period of six (6) months.
The information, whether Data or any other information, is retained for a maximum period of twenty-five (25) months from its collection.
7. MANAGEMENT OF COOKIES BY THE CPC
During the first visit to the Website, Omny asks the User for his or her Cookie preferences via the CPC.
Thanks to the CPC at the bottom of the page under the name "Manage my cookies" and accessible on each page of the Website, the User may choose to accept or refuse their consent to Cookies that are not strictly necessary for the operation of the Website.
On the CPC, each Cookie is presented in terms of its purpose and, depending on the case, can be accepted or refused by activating the switch that appears in each section. Users can also tick the “Accept all” or “Delete all” box.
If the User fails to act during the first visit to the Website, only the Cookies strictly necessary for the operation of the Website shall be installed.
The User may deactivate these Cookies later or change his/her mind at any time by means of the CPC (and its system of switches).
8. CONTACT DETAILS
10. APPLICABLE LAW