Legal notice
Definitions
Client: Any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the Civil Code, or any legal entity, who visits the Site covered by these general terms and conditions.
Services: http://ayoyequebec.com makes the following available to Clients:
Content: All elements comprising the information on the Site, including text, images and videos.
Client information: Hereinafter referred to as “Information”, meaning all personal data that may be held by http://ayoyequebec.com for managing your account, managing customer relationships, and conducting analysis and statistics.
User: An Internet user who connects to and uses the above-mentioned website.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it relates” (Article 4 of Law No. 78-17 of January 6, 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. Website presentation
Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of http://ayoyequebec.com are informed of the identities of the various parties involved in creating and maintaining the website:
Owner: AYOYE LLC
Publication manager: AYOYE LLC
The publication manager is a natural person or a legal entity.
Webmaster: AYOYE LLC – contact@ayoyequebec.com
Host: Shopify – 151 O’Connor Street, Ground Floor, Ottawa K2P 2L8, Ottawa, 1-613-241-2828
Data protection officer: AYOYE LLC – contact@ayoyequebec.com
2. General terms of use of the website and the services offered
The Site is an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit, for their own purposes, all or part of the elements or works on the Site.
Use of http://ayoyequebec.com implies full and unconditional acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time, so users of http://ayoyequebec.com are invited to consult them regularly.
This website is normally accessible to users at all times. However, http://ayoyequebec.com may decide to interrupt access for technical maintenance and will endeavour to inform users in advance of the dates and times of the work. The website http://ayoyequebec.com is updated regularly by the party responsible for http://ayoyequebec.com. Similarly, the legal notice may be amended at any time. It nevertheless remains binding on users, who are invited to refer to it as often as possible to stay informed.
3. Description of the services provided
The purpose of http://ayoyequebec.com is to provide information about all of the company's activities.
http://ayoyequebec.com strives to provide information on http://ayoyequebec.com that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or failures to update information, whether caused by itself or by third-party partners who provide this information.
All information on http://ayoyequebec.com is provided for guidance and is subject to change. Furthermore, the information on http://ayoyequebec.com is not exhaustive. It is provided subject to changes made since it was posted online.
4. Contractual limitations regarding technical data
The site uses JavaScript technology. The website cannot be held responsible for material damage related to its use. In addition, users agree to access the site using recent, virus-free equipment and an up-to-date, latest-generation browser. The site http://ayoyequebec.com is hosted by a provider within the European Union in accordance with the General Data Protection Regulation (GDPR: No. 2016-679).
The aim is to provide a service with the best possible availability. The host ensures continuity of service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt hosting for the shortest possible periods, particularly for maintenance, infrastructure improvements, infrastructure failures, or if the Services generate traffic considered abnormal.
http://ayoyequebec.com and the host cannot be held responsible for malfunctions of the Internet network, telephone lines, or computer and telephone equipment, particularly those caused by network congestion that prevents access to the server.
5. Intellectual property and infringement
http://ayoyequebec.com owns the intellectual property rights and holds the rights to use all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the site's elements, by any means or process, is prohibited without prior written permission from http://ayoyequebec.com.
Any unauthorized use of the site or any of its elements will be considered an infringement and prosecuted in accordance with Articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability
http://ayoyequebec.com acts as the publisher of the site. http://ayoyequebec.com is responsible for the quality and accuracy of the Content it publishes.
http://ayoyequebec.com cannot be held responsible for direct or indirect damage to the user's equipment when accessing http://ayoyequebec.com resulting either from the use of equipment that does not meet the specifications stated in section 4, or from a bug or incompatibility.
http://ayoyequebec.com also cannot be held responsible for indirect damages, such as loss of business or loss of an opportunity, resulting from the use of http://ayoyequebec.com. Interactive areas, including the option to ask questions in the contact section, are available to users. http://ayoyequebec.com reserves the right to remove, without prior formal notice, any content posted in these areas that contravenes applicable legislation, particularly provisions relating to data protection. Where applicable, http://ayoyequebec.com also reserves the right to hold the user civilly and/or criminally liable, especially for messages that are racist, abusive, defamatory or pornographic, regardless of the medium used (text, photograph, etc.).
7. Management of personal data
The Client is informed of the regulations concerning marketing communications, the law of June 21, 2014 on confidence in the digital economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Parties responsible for collecting personal data
For Personal Data collected when the User creates a personal account and browses the Site, the Personal Data controller is AYOYE LLC. http://ayoyequebec.com is represented by AYOYE LLC, its legal representative.
As the controller of the data it collects, http://ayoyequebec.com undertakes to comply with the applicable legal framework. In particular, the Client is responsible for establishing the purposes of its data processing, providing prospects and customers, upon obtaining their consent, with complete information about the processing of their personal data, and maintaining a record of processing activities that reflects actual practices. Whenever http://ayoyequebec.com processes Personal Data, http://ayoyequebec.com takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which http://ayoyequebec.com processes it.
7.2 Purposes of the data collected
http://ayoyequebec.com may process some or all of the following data:
- To enable navigation on the Site and the management and traceability of services ordered by the user: Site connection and usage data, billing, order history, etc.
- To prevent and combat computer fraud (spamming, hacking, etc.): equipment used for browsing, IP address and hashed password.
- To improve navigation on the Site: connection and usage data.
- To conduct optional satisfaction surveys on http://ayoyequebec.com: email address.
- To conduct communication campaigns (SMS and email): phone number and email address.
http://ayoyequebec.com does not sell your personal data, which is used only where necessary or for statistical and analytical purposes.
7.3 Rights of access, rectification and objection
In accordance with current European regulations, users of http://ayoyequebec.com have the following rights:
- The right of access (Article 15 GDPR) and rectification (Article 16 GDPR), and to update and complete their data; the right to block or erase their personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous or outdated, or when its collection, use, disclosure or retention is prohibited.
- The right to withdraw consent at any time (Article 13(2)(c) GDPR).
- The right to restrict the processing of their data (Article 18 GDPR).
- The right to object to the processing of their data (Article 21 GDPR).
- The right to portability of the data they have provided when that data is subject to automated processing based on consent or a contract (Article 20 GDPR).
- The right to determine what happens to their data after their death and to choose whether http://ayoyequebec.com should disclose it to a previously designated third party.
As soon as http://ayoyequebec.com becomes aware of a User's death, and in the absence of instructions from that User, http://ayoyequebec.com undertakes to destroy their data unless retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how http://ayoyequebec.com uses their Personal Data, request its rectification, or object to its processing, the User may contact http://ayoyequebec.com in writing at: contact@ayoyequebec.com.
In this case, the User must specify the Personal Data they wish http://ayoyequebec.com to correct, update or delete, and clearly identify themselves by providing a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the obligations imposed on http://ayoyequebec.com by law, particularly regarding the retention or archiving of documents. Finally, users of http://ayoyequebec.com may lodge a complaint with supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
http://ayoyequebec.com undertakes not to process, host or transfer Information collected about its Clients to a country outside the European Union or recognized as “non-adequate” by the European Commission without first informing the Client. However, http://ayoyequebec.com remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees under the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
http://ayoyequebec.com undertakes to take all necessary precautions to safeguard the Information, particularly to ensure that it is not disclosed to unauthorized persons. However, if http://ayoyequebec.com becomes aware of an incident affecting the integrity or confidentiality of the Client's Information, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, http://ayoyequebec.com does not collect any “sensitive data”.
The User's Personal Data may be processed by subsidiaries of http://ayoyequebec.com and subcontractors (service providers) exclusively to fulfil the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes set out above, the main persons who may have access to the data of users of http://ayoyequebec.com are primarily our customer service representatives.
8. Incident notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify affected users so that they could take appropriate measures. Our incident notification procedures take account of our legal obligations at both national and European levels. We undertake to fully inform our clients of all matters relating to the security of their accounts and to provide all information necessary to help them meet their own regulatory reporting obligations.
No personal information of users of http://ayoyequebec.com is published without their knowledge, exchanged, transferred, assigned or sold in any form to third parties. Only the acquisition of http://ayoyequebec.com and its rights would allow such information to be transferred to a potential purchaser, who would in turn be bound by the same obligations regarding the retention and modification of data concerning users of http://ayoyequebec.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, http://ayoyequebec.com uses networks protected by standard measures such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, http://ayoyequebec.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 http://ayoyequebec.com contains a number of hyperlinks to other sites, established with the permission of http://ayoyequebec.com. However, http://ayoyequebec.com cannot verify the content of those sites and consequently accepts no responsibility for them.
Unless you choose to disable cookies, you accept that the site may use them. You can disable these cookies at any time, free of charge, using the available options described below, bearing in mind that this may reduce or prevent access to some or all 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, such as a computer or smartphone (hereinafter “Cookies”). This file contains information such as the User's domain name, Internet service provider, operating system, and the date and time of access. Cookies cannot damage the User's device.
http://ayoyequebec.com may process information about the User's visit to the Site, such as pages viewed and searches performed. This information enables http://ayoyequebec.com to improve the Site's content and the User's navigation.
Because Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure their browser to decide whether to accept them, so that Cookies are stored on the device or, conversely, rejected, either systematically or according to their source. The User can also configure their browser to ask whether to accept or refuse Cookies each time before a Cookie may be stored on the device. http://ayoyequebec.com informs the User that, in this case, not all browser features may be available.
If the User refuses Cookies on their device or browser, or deletes those already stored, the User is informed that navigation and the experience on the Site may be limited. This may also occur when http://ayoyequebec.com or one of its providers cannot recognize, for technical compatibility purposes, the browser used by the device, its language and display settings, or the country from which the device appears to connect to the Internet.
Where applicable, http://ayoyequebec.com disclaims responsibility for consequences related to degraded operation of the Site and any services offered by http://ayoyequebec.com resulting from (i) the User's refusal of Cookies, or (ii) the inability of http://ayoyequebec.com to store or consult Cookies necessary for their operation because of the User's choices. Each browser has a different configuration for managing Cookies and the User's choices. This is described in the browser's help menu, which explains how the User can change their Cookie preferences.
The User may express and change their Cookie preferences at any time. http://ayoyequebec.com may also use external service providers to help collect and process the information described in this section.
Finally, by clicking the icons for the social networks Twitter, Facebook, LinkedIn and Google Plus on the http://ayoyequebec.com Site or in its mobile application, and if the User has accepted Cookies by continuing to browse the http://ayoyequebec.com website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on the User's devices (computer, tablet or mobile phone).
These types of cookies are placed on the User's devices only if the User consents by continuing to browse the http://ayoyequebec.com website or mobile application. However, the User may withdraw consent at any time for http://ayoyequebec.com to place these types of cookies.
Article 9.2. Internet tags
http://ayoyequebec.com may occasionally use Internet tags, also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs, and deploy them through a web analytics partner that may be located in, and therefore store the corresponding information, including the User's IP address, in a foreign country.
These tags are placed both in online advertisements that allow Internet users to access the Site and on its various pages.
This technology allows http://ayoyequebec.com to assess visitors' responses to the Site and the effectiveness of its activities, such as how often a page is opened and what information is viewed, as well as the User's use of the Site.
The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site's activity for http://ayoyequebec.com, and provide other services relating to use of the Site and the Internet.
10. Governing law and jurisdiction
Any dispute relating to the use of http://ayoyequebec.com is governed by French law. Except where prohibited by law, exclusive jurisdiction is granted to the competent courts.