Legal Notice

 

Definitions

Client: Any professional or natural person who has capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or a legal entity, that visits the website to which these terms and conditions refer. Services: arcane.run provides Clients with:

Content: All the elements of information on the website, including texts, images and videos.

Client Information: Hereinafter, "Information", meaning all the personal data held by arcane.run to manage accounts and Client relations, and to undertake analytical and statistical work.

User: Internet user who visits or uses the above website.

Personal Information: "Information that allows the natural persons to which it refers to be identified, in any form, whether directly or indirectly," (Article 4 of the French Data Protection Act no. 78-17 of 6 January 1978).

The terms "personal data", "data subject", "processor" and "sensitive data" have the meanings defined in the General Data Protection Regulation (GDPR: no. 2016-679).

1. About The Website

In line with Article 6 of the French Confidence in the Digital Economy Act no. 2004-575 of 21 June 2004, arcane.run website Users should note the different stakeholders involved in the website's creation and maintenance:

  • Owner: SAS Arcane, a company with share capital of €11,785.36 – VAT Number: FR 80 822725925 – 142 rue Montmartre 75002 Paris France
  •  Publication Director: Arnaud de Terline – contact@arcane.run – The Publication Director is a natural person or legal entity
  •  Webmaster: Arnaud de Terline – contact@arcane.run

 

  • Web Host: Hubspot, 25 First Street, 2nd Floor, Cambridge, MA 02141, USA
  •   
  •  Data Protection Officer: Arnaud de Terline – contact@arcane.run

2. General terms and conditions of use for the website and service offered

The website is a work of authorship protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may in no way reuse, transfer or exploit some or all of the website elements or works on their own behalf.

Using the arcane.run website implies full and unconditional acceptance of the general terms and conditions of use below. Because these terms of use may be amended or added to at any time, arcane.run website Users should review them regularly.

This website should be accessible to Users at any time. However, arcane.run may occasionally decide to take the website down temporarily for technical maintenance. Every effort will be made to inform Users of dates and times before this happens. The arcane.run website is regularly updated by administrator arcane.run. The legal notice may also be updated at any time. The User is bound by it and should refer to it as often as possible so that they are aware of the latest developments.

3. Description of services provided

The arcane.run website aims to provide information about all the company's activities. arcane.run makes every effort to add the most precise information possible to the arcane.run website. However, it cannot be held liable for any omissions, inaccuracies or deficiencies, whether these are caused by it or a third-party partner providing the information.

All the information on the arcane.run website is provided for information purposes only and may be amended. The information is not exhaustive and may change after initial upload.

4. Limitations contractuelles sur les données techniques

The website uses JavaScript technology. The website cannot be held liable for any material damage associated with website use. The website User undertakes to access the website using a recent virus-free device and the latest version of a modern browser. The arcane.run website is hosted with a provider in the European Union in line with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679).

The aim is to provide a Service that allows for maximum accessibility. The web host provides its Service 24/7, 365 days a year. However, it may need to take its hosting service down for the shortest possible time for maintenance, infrastructure improvement, infrastructure faults or if the Services generate abnormal traffic.

arcane.run and the web host cannot be held liable for a malfunctioning internet network, telephone lines or IT and telephone equipment, particularly associated with network congestion that prevents server access.

5. Intellectual property and counterfeiting

arcane.run owns the intellectual property rights and has the right to use all accessible website elements, including texts, images, graphics, logos, videos, icons and sounds. No reproduction, representation, amendment, publication or adaptation of any the website elements is permitted using any means or process, except with prior written authorisation from arcane.run.

Any unauthorised use of the website or any of its elements will be deemed a counterfeit and pursued in line with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitation of liability

arcane.run acts as the website publisher and is responsible for the quality and truthfulness of the Content it publishes.

www.arcane.run cannot be held liable for any direct or indirect damage caused to User equipment when accessing the arcane.run website and resulting either from the use of equipment that does not meet the specifications in point 4, or from a bug or incompatibility.

What's more, arcane.run cannot be held liable for any indirect damage (such as lost business or opportunities) following arcane.run website use. Users have interactive areas available (questions can be asked in the contact section). arcane.run reserves the right to delete, without notice, any Content added to this area that infringes legislation applicable in France, particularly data protection provisions. arcane.run also reserves the right to hold the User civilly and/or criminally liable where necessary, including for messages that are racist, insulting, libellous or pornographic, no matter the medium (text, photograph, etc.).

7. Personal Data Management

The Client should note the regulations concerning marketing communications: the French Confidence in the Digital Economy Act of 21 June 2014, the amended French Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: no. 2016-679).

7.1 Accountability for personal data collection

For personal data collected when a User creates a personal account and browses the website, the Data Controller is Arcane. arcane.run is represented by its legal representative, Arnaud de Terline.

As the Data Controller for the information it collects, arcane.run undertakes to abide by the legal provisions in force. It is responsible for informing the Client about the purposes of its data processing, providing its prospects and Clients with comprehensive information about the processing of their personal data and obtaining their consent, and keeping an accurate processing record. Whenever arcane.run processes personal data, it takes every reasonable step to ensure that the data is accurate and relevant to the purposes for which it is being processed.

7.2 Purpose of data collected

arcane.run may process some or all data:

  • To allow the User to browse the website and to trace Services ordered: data on website connection and usage, invoicing, order history, etc.
  •  To prevent and combat digital fraud (spamming, hacking, etc.): IT equipment used for browsing, IP address, (encrypted) password
  •  To improve the website browsing experience: connection and usage data
  •  To carry out optional satisfaction surveys on arcane.run: email address
  •  To carry out communication campaigns (SMS, email): telephone number, email address

The use and transfer to another application of data collected via Google APIs, by Arcane and its SmartFeeds software, adheres to the Google APIServices User Data Policy, including limited use requirements.

arcane.run does not sell personal data: it is only used where necessary or for statistical and analytical purposes.

7.3 Right to access, rectify and object

In line with current European legislation, arcane.run Users have the following rights:

  • Right to access (GDPR Article 15) and rectify (GDPR Article 16), update, complete, block or erase (GDPR Article 17) User personal data if it is inaccurate, incomplete, ambiguous, obsolete, or it is forbidden to collect, use, communicate or store this data
  •  Right to withdraw consent (GDPR Article 13-2c)
  • Right to restrict processing of User data (GDPR Article 18)
  •  Right to object to processing of User data (GDPR Article 21)
  •  Right to portability for data provided by Users where this data is subject to automated processing based on their consent or a contract (GDPR Article 20)
  •  Right to decide what will happen to a User's data after they die and to choose a third party with whom arcane.run should share their data (or not)

When arcane.run learns a User has died, unless other instructions have been received from them, arcane.run undertakes to destroy their data unless it must be kept as evidence or to meet a legal obligation.

If the User wants to know how arcane.run uses their personal data, ask for it to be rectified or object to it being processed, they can contact arcane.run in writing at:

Arcane – DPO, Arnaud de Terline, 142 rue Montmartre, 75002 Paris. France.

The User should explain which personal data they want arcane.run to correct, update or delete and include a copy of an identity document (ID card or passport) for verification.

Requests to delete personal data will be subject to legal obligations with which arcane.run must comply, including those covering document retention and archiving. arcane.run Users can make a complaint to supervisory authorities including France's Data Protection Authority, the CNIL (https://www.cnil.fr/en/home).

7.4 Non-disclosure of personal data 

arcane.run will not process, store or transfer Information collected about its Clients to any country outside the European Union or deemed "non-adequate" by the European Commission without first informing the Client. As a result, arcane.run is free to choose its technical and commercial sub-contractors as long as it can provide reasonable assurance that the demands of the General Data Protection Regulation (GDPR: no. 2016-679) will be met.

arcane.run undertakes to take all the necessary precautions to keep Information secure, including not sharing it with unauthorised persons. However, if arcane.run is made aware of an incident affecting the integrity or confidentiality of Client Information, it must inform the Client as soon as possible and explain what remedial measures have been taken. arcane.run does not collect "sensitive data".

User personal data may be processed by arcane.run subsidiaries and sub-contractors (service providers) exclusively for the purposes in this policy.

The main people who have access to arcane.run User data are our customer services staff, who use it for their specific remits and the purposes set out above.

8. Incident Reporting

No method of online data-sharing or electronic storage is completely secure, no matter what efforts are made. Therefore, we cannot guarantee complete security. If we become aware of a security breach, we will warn the Users affected so that they can take the appropriate measures. Our incident reporting protocol complies with our national and European legal obligations. We undertake to fully inform all Clients about all account security issues and provide all the information needed to help them meet their own regulatory reporting obligations.

No Personal Information about arcane.run website Users is published without their knowledge, or exchanged, transferred, passed on or sold to third parties via any medium. This information would only be shared if arcane.run and its rights were acquired. The acquirer would then be subject to the same data retention and amendment obligations vis-à-vis arcane.run Users.

Security

To keep personal data and personal health data secure and confidential, arcane.run uses networks protected by standard mechanisms such as firewalls, pseudonymisation, encryption and passwords.

When processing personal data, arcane.run takes every reasonable step to prevent it being lost, misused, accessed by unauthorised persons, disclosed, altered or destroyed.

9. Hyperlink, Cookies and Web Tags

The arcane.run website contains hyperlinks to other sites added with the authorisation of arcane.run. However, arcane.run has not been able to verify the content on these sites and so cannot be held liable.

If the User does not deactivate cookies, they accept that the website can use them. They are free to deactivate cookies at any time using the options available (reminder below). However, this may limit their access to or stop them accessing some or all of the website Services.

9.1. « COOKIES »

A cookie (hereinafter, "Cookies") is a small information file added to a User's device (e.g. computer or smartphone) via their browser. This file contains information like the User's domain name, internet provider, operating system and date and time of access. Cookies will not damage a User's device.

arcane.run may process User information linked to their website visit, such as pages viewed and searches carried out. This information helps arcane.run improve website Content and the User's browsing experience.

Cookies facilitate the browsing experience and/or the provision of website Services. The User can set up their browser so that they can decide whether to allow Cookies to be saved to their device; or to reject them either every time, or based on their origin. The User can also set up their browser so that they are asked about accepting Cookies occasionally before one is saved to their device. arcane.run would like to inform the User that their browser features may not always be available in this situation.

If the User does not allow Cookies to be saved to their device or browser, or they delete existing Cookies, their website browsing and usage experience may be limited. This may also be the case if arcane.run or its providers cannot recognise the browser type being used, the language and display settings, or the country from which the device seems to be connecting to the internet due to technical compatibility issues.

Where applicable, arcane.run accepts no liability for the consequences of reduced website functioning and Services offered by arcane.run resulting from: i) the User rejecting Cookies or ii) it being impossible for arcane.run to save or check Cookies needed for them to work due to choices made by the User. Every browser has a different way of managing Cookies and allowing the User to make their choices. The specifics are set out in the Help menu.

The User can change their Cookie preferences at any time. arcane.run may also use external providers to help it collect and process the information in this section.

If the User clicks the Twitter, Facebook, LinkedIn or Google+ social media icons on the arcane.run website or its mobile app, and has accepted Cookies by continuing to use the website or mobile app, then Twitter, Facebook, LinkedIn and Google+ can also save Cookies to the User's device (computer, tablet or smartphone).

These types of Cookies are only added to the User's device if they consent by continuing to use the arcane.run website or mobile app. The User can withdraw their consent to arcane.run saving this type of Cookie at any time.

Article 9.2. Web Tags

arcane.run may occasionally use web tags (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1x1 GIFs) and deploy them via a specialist web analytics partner which may be located (and so store the corresponding information, including the User's IP address) abroad.

These tags are added to online advertising through which internet Users can access the website, and to website pages.

The technology allows arcane.run to evaluate visitor responses to the website and how effective it is (e.g. the number of times a page is opened and information is read) and how the website is used by the User.

The external provider may collect information about visitors to the website and other sites using these tags, prepare reports on website activity for arcane.run and provide other services associated with website and internet use.

10. Applicable Law and attribution of jurisdiction

Any disputes relating to the use of the arcane.run website are subject to French law. Disputes will be referred exclusively to the courts of Paris considered to have competent jurisdiction, unless the law does not allow for this.