Legal - Terms of Use - Data Privacy

LEGAL NOTICE

Site Edition

This site, accessible at the URL www.lemniscale.io (the « Site »), is published by:

Awictoia Digital SAS, a company with a capital of 5,000 euros, registered with the Versailles R.C.S. under number 978974814, whose registered office is located at 49 Avenue de la Malmaison, 78170 La Celle Saint-Cloud, France (hereinafter the « Company ») represented by its President, Mr. Pierre Fabre, duly authorized.

The publisher’s individual VAT number is: FR67978974814.

Hosting

The Site is hosted by Infomaniak, located at Rue Eugène-Marziano 25, 1227 Geneva, Switzerland (telephone contact (+41) 22 820 35 44) (hereinafter the « Host »).

Publication Director

The Publication Director of the Site is Mr. Pierre Fabre.

Contact Us 

By phone : +33609081408

By email : webmaster@lemniscale.io

By mail : 49 Avenue de la Malmaison, 78170 La Celle Saint-Cloud, France

TERMS OF USE

By continuing to browse the Site, the User (« you ») expressly accepts the full following Terms of Use.

No Representation or Warranty by the Publisher

The Publisher has taken the greatest care in drafting the Site to include accurate and up-to-date information and links; this information and these links are provided on this website, in the interest of the User, « as is and as available. »

The Publisher makes no representation and provides no warranty of any kind, express or implied, including, but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose, regarding the availability, accuracy, completeness, reliability, or content of the Site.

Limitation of Liability

The Publisher disclaims all liability for the use of the Site or any website linked to it and is not responsible, in any way, for any direct, incidental, special, indirect, punitive, or other damages arising from the access, use, or inability of the User to use the Site or any website linked to it, or arising from any errors or omissions in its content, including, but not limited to, viruses that may infect your computer equipment, or arising from any loss of business, profits, data, or use. The Publisher may modify the Site at any time without notice but assumes no responsibility for updating it. The User agrees that all access and use of the Site and any website linked to this site and its content is at their own risk.

Publisher’s Property

The brand name LemniScale and the associated logo (polychrome infinity sign in perspective) are trademarks registered with the French National Institute of Industrial Property (INPI) under national number 245087596.

All elements constituting the Site www.lemniscale.io (notably texts, structure, icons, consulting methodologies, and analytical tools) are the exclusive property of Awictoia Digital SAS. Any unauthorized reproduction or use of the LemniScale brand or the contents of the Site constitutes an infringement.

Images generated by Artificial Intelligence

The User is informed that certain visuals on the Site may be images generated by Artificial Intelligence (AI) tools.

These images are used by the Publisher in accordance with the terms of use of the relevant generation tools.

Although the legal framework for intellectual property on works created by AI is constantly evolving, the User is prohibited from any extraction or reuse of these visuals for commercial purposes without the prior written consent of the Publisher.

Third-Party Content and Royalty-Free Images

The Site may use content (notably photographs or illustrations) whose intellectual property rights belong to third parties.

So-called « royalty-free » images are used by the Publisher in accordance with the License terms of the source platforms (e.g., Unsplash, Pixabay, Pexels, ShutterStock etc.).

The User acknowledges that the use of these images on the Site does not confer any ownership rights or any authorization to extract or reuse them for their own account without verifying the original licenses of the respective authors.

Protection of Consulting Methodologies

The diagrams, processes, and consulting methods presented on the Site are protected under copyright and trade secret laws. Their presentation on the Site is solely for the purpose of informing the User about the Company’s services and does not constitute in any case a transfer of rights or an authorization for commercial exploitation by a third party.

Sanctions

Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

Links to Third-Party Websites

The Publisher expresses no opinion and is not responsible for the content of any third-party website linked to the Site or through which you may have access to the Site.

Amicable Dispute Resolution (Prior Mediation)

In the event of a dispute regarding the validity, interpretation, or execution of these Terms of Use, the parties agree to attempt to resolve their dispute amicably.

Prior to any legal action, the User and the Publisher agree to submit their dispute to a mediation procedure, designating a professional mediator (the « Mediator ») by mutual agreement.

The most diligent party notifies the other party by registered letter with acknowledgment of receipt of its intention to resort to mediation and proposes a Mediator. In the absence of agreement on the choice of the Mediator within thirty (30) days from receipt of the notification, either party may apply to the President of the Commercial Court of Versailles (Tribunal de Commerce de Versailles) acting in summary proceedings for the appointment of a mediator.

The mediation will have a maximum duration of sixty (60) days from the appointment of the Mediator.

In the absence of an amicable solution found at the end of this mediation procedure, and after the aforementioned period, the parties will regain their freedom of action and the dispute may be brought before the competent jurisdictions, in accordance with the following points “Governing Law and Jurisdiction” of these TOU.

Governing Law and Jurisdiction

These Terms of Use (TOU) and the Data Privacy Policy (DPP) are governed by French law.

Any dispute or difference arising from the application or interpretation of these TOU or DPP will be submitted to the competent French jurisdictions closest to the Publisher’s domicile.

In the event of a dispute arising with a User acting in a professional capacity (B2B relationship), exclusive jurisdiction is expressly attributed to the Commercial Court of Versailles (Tribunal de Commerce de Versailles), notwithstanding multiple defendants or third-party appeals, including for emergency procedures or conservatory measures.

DATA PRIVACY POLICY

Privacy Protection

The Site can be used without the User revealing personal information. No nominative data is collected by the Site without the User’s knowledge.

Collected Data – Cookies

The Site may implement cookies likely, with the User’s consent, to record and/or read information in the User’s terminal or browser.

Technical cookies are necessary to ensure the optimal functioning of the Site. They contribute in particular to security, ergonomics, and language choice. Consequently, they are permanently activated.

Other cookie deposits may be set up to fulfill certain functions, notably cookies related to browsing analysis. When the User visits a medium subject to an audience measurement, these cookies allow the collection of statistical traffic data. This data includes connection information relating, for example, to the browser used, the number of pages viewed, the number of visits, the Internaut’s path on a site, the time spent on a site or page, etc. No primary personal data (surname, first name, phone, address, email, etc.) is collected on this occasion. These cookies can be refused by clicking on the « NO » button of the banner that appears at the bottom of the site during each use of the Site.

Data Submitted by the User

The User may transmit personal information to the Publisher through forms present on the pages of the Site.

The User is formally prohibited from disclosing to the Publisher through these forms confidential information or information that could represent a risk in case of loss or data breach or information from third parties.

By transmitting this information, the User explicitly consents to its recording in a computerized file by the Publisher for the purpose of processing this data (qualification messages or calls, clarification, information about the Company / The Publisher, establishment of quotes, etc.). For the Publisher, the applicable legal basis for collection and processing is the legitimate interest in developing its clientele and executing pre-contractual measures.

Data marked with an asterisk in the form must be provided. Otherwise, the data cannot be sent to the Publisher.

The User explicitly consents to the Publisher recording this data on computer media, possibly using cloud data hosting services other than the Site’s Host.

The User is informed and accepts that the Publisher may use data hosting services (Cloud) whose servers could be located in a third country outside the European Economic Area (EEA).

The Publisher undertakes that this transfer be carried out exclusively to countries that have been the subject of an « adequacy decision » by the European Commission (so-called Article 45 GDPR countries), thus guaranteeing a level of personal data protection deemed essentially equivalent to that of the European Union.

The collected data will be communicated only to the recipients of the Publisher’s customer monitoring team. Collected personal data is neither communicated nor transferred to third parties. It will be kept for a maximum duration of 13 months.

The User can access data concerning them, rectify it, request its erasure, or exercise their right to limit the processing of their data. They can also withdraw their consent to the processing of their data at any time; and/or object to the processing of their data.

Consult the cnil.fr website for more information on your rights.

To exercise these rights or for any questions about the processing of your data in this system, you can contact the Publication Director at the contact details above.

If you believe, after contacting us, that your « Data Protection » rights are not respected, you can address a complaint to the CNIL.

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