TERMS OF SERVICE

fulbat.com, is a website owned by FULBAT SAS, a company incorporated the laws of France with the SIRET registration number 48334319000052 and registered at the address: 30 RUE PASTEUR, 92150 SURESNES, FRANCE (hereinafter referred to as the “Data Controller“). fulbat.com is very concerned about the confidentiality of your personal data as Users who visit and browse our Website.

That is why we, fulbat.com (hereinafter referred to as the “Website“), strive to respect your rights as set forth in the General Data Protection Regulation 2017/679 (GDPR) and the ePrivacy Directives of the European Parliament and the Council.

Definitions

1. “Personal data” or “personal data”: any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
2. “processing” means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
3. “controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing; where the purposes and means of such processing are determined by Union law or by the law of a Member State, the controller may be designated or the specific criteria for such designation may be laid down by Union law or by the law of a Member State
4. “processor” means the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
5. “recipient” means the natural or legal person, public authority, agency or any other body to whom personal data are disclosed, whether a third party or not. However, public authorities 4.5.2016 L 119/33 Official Journal of the European Union EN which may receive communication of personal data in the context of a particular investigation mission in accordance with Union law or the law of a Member State shall not be considered as recipients; the processing of such data by the public authorities in question shall be in accordance with the applicable data protection rules according to the purposes of the processing;
6.  “consent” of the data subject means any freely given, specific, informed and unambiguous indication of his wishes by which the data subject agrees, by a declaration or by a clear positive act, to personal data concerning him being processed
7.  “personal data breach” means a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed
8. “cookie“, a cookie is a text file that is automatically stored in the browser of any User when visiting a website. This text file may contain personal data and/or information relating to the User’s navigation.

Purpose

The purpose of this Privacy and Cookie Policy (hereinafter the “Policy“) is to define the methods of collection, storage, and processing of personal data (hereinafter the “Personal Data“) of any natural person (hereinafter the “User“) who, in the context of a strictly personal or domestic activity, uses or simply browses this Website.

The Data Controller assures the User that it implements all the necessary means to ensure compliance with the provisions of the General Data Protection Regulation 2017/679 of the European Parliament and of the Council dated 14 April 2016 by ensuring compliance with the retention periods, the need to collect the aforementioned personal data, and the confidentiality of the personal data collected (hereinafter the “Regulation” or the “GDPR“).

User Consent

This Policy must be read and accepted by any User visiting the Website. By clicking on the box mentioning “read and accepted” referring to this Policy at the time of arrival on the Website and/or upon collection of any personal data from the User, the User acknowledges having read it and giving his/her free, informed and unambiguous consent to the processing of his personal data.

The User may, at any time and without justification or prejudice, withdraw his/her consent to this Policy. The User may exercise his/her right to withdraw consent to this Policy by notifying the Data Controller at the following e-mail address: E-MAIL.

This withdrawal of consent will take effect at the time the Data Controller receives notification of the User’s withdrawal of consent.

Data collected

In the context of the visit and use of the Website, certain Personal Data of the Users may be collected by fulbat.com (FULBAT SAS), in its capacity as Data Controller or by one or more subcontractors acting in the name and on behalf of the Data Controller.

1. Means of collection

The User’s personal data are collected by the following means:

• When the User communicates them by filling in the contact form on the Website.
• Through automated collection

During the User’s browsing of the Website, the Data Controller automatically records certain information relating to the User’s preferences and use of the Website. Cookies are used during the User’s browsing of the Website to collect this information automatically.

2. Type of Personal data collected

The personal data that may be collected are:

• The User’s email address;
• The last name and first name of the User;
• Any information provided by the User within the Contact form or any communication sent to the Data Controller;
• Browsing preferences and information about the User’s device used to browse the Website.

3. Recipients of the Personal data

The recipients of the personal data are:

Purpose of data sharing	Recipient
Website hosting/domain	OVH SAS, Company number: 424 761 419 00045, 2 rue Kellermann 59100 Roubaix, France

 

Data processing

1. Legal basis for processing

The processing of Users’ personal data via the Website must necessarily be justified by one of the conditions set forth in Article 6(1) of the Regulation. In accordance with the Regulations, Users’ personal data will only be processed if one of the following conditions is met:

• The User has given his consent: the User concerned has consented to the processing of his personal data for one or more specific purposes;
• The execution of the contract requires it: the processing is necessary for the execution of a contract to which the User concerned is a party or for the execution of pre-contractual measures taken at the User’s request;
• The respect of the law requires it: the processing is necessary for the respect of a legal obligation to which the data controller is subjected;
• A legitimate interest justifies it: the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, unless the interests or the fundamental rights and freedoms of the User concerned prevail, which require the protection of personal data, in particular when the User concerned is a minor.

2. Purposes of processing and data retention period

In accordance with Article 13 of the Regulation, the reason and duration of the storage and processing of personal data must be justified by a valid purpose, in addition to one of the legal bases listed above.

Purpose	Legal basis	Duration	Archiving duration
Marketing communication and offers by the Data Controller and response to contact/quotation requests	Legitimate interest	3 years	N/A
Prevention of fraud	Legitimate interest	3 years	5 years
Analysis of the Site’s navigation data, creation of site visit statistics, and facilitation of the User’s navigation	Consent	12 months from the time the cookies are first deposited on the User’s browser	N/A

 

Means of data protection

In accordance with Article 5 and Article 32 of the Regulation, the Data Controller is obliged to guarantee the security of the Users’ personal data that it stores and processes.

The Data Controller shall maintain a register containing all personal data of Users collected. The Data Controller affirms that it implements all necessary security measures to protect the personal data of the Users contained in this register and to avoid any violation of the User’s personal data.

To this end, the Data Controller affirms to the Users that it has undertaken a study of the risks associated with the storage and processing of the Users’ personal data in order to implement adequate security measures as follows:

• By allowing pseudonymization and encryption of the User’s personal data;
• Implementing means to ensure the confidentiality, integrity, availability and resilience of processing systems and services at all times;
• Implementing means to restore the availability of and access to personal data in a timely manner in the event of a physical or technical incident;
• By guaranteeing the use of a procedure to regularly test, analyse and evaluate the effectiveness of technical and organisational measures to ensure the security of the processing.

The Data Controller assures Users that the data it keeps and processes are stored within the European Union, in a Member State subject to the Regulation. In the event of a breach of the User’s personal data, the Data Controller undertakes to notify the competent supervisory authority of such breach within 72 hours in accordance with Articles 33 and 34 of the Regulation.

Cookies

1. Purpose of the use of cookies

As explained above, a cookie is a text file that is automatically saved in the browser of any User when visiting a Website. This text file may contain personal data and/or information relating to the User’s navigation.

The only purpose of the cookies used on the Website is to improve your browsing experience as a User. The cookies used facilitate your navigation by memorising some of your personal data when you access and navigate the Website. Three types of cookies are used on the Website, their purpose varying according to their type:

• Functional cookies: these cookies make it possible to memorise your data entered during authentication or searches carried out on the Website;
• Advertising cookies: these cookies make it possible to identify the consumption and search habits and preferences of Users in order to offer them advertising content in line with their personal preferences;
• Security cookies: these cookies enable the security of Users’ personal data by guaranteeing the encryption of data contained in other cookies.

2. Cookies used, lifespan, and function

Each cookie used on the Website is identifiable by a name. Each cookie has a lifetime, i.e. a period of time after which it disappears and ceases to be active, forgetting any personal data it stored. Each cookie also has a function, or purpose, that justifies its placement on the Website.

Here is the list of cookies used on the Website with their name, lifetime, provider and function:

Name	Provider	Lifespan	Function
CookieConsent	fulbat.com	1 year	Stores the user’s cookie consent state for the current domain
wpEmojiSettingsSupports	fulbat.com	Session	This cookie is part of a bundle of cookies which serve the purpose of content delivery and presentation. The cookies keep the correct state of font, blog/picture sliders, color themes and other website settings.
storeApiNonce	fulbat.com	Persistent	Necessary for the shopping cart functionality on the website.
sbjs_migrations	fulbat.com	Session	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.
sbjs_current_add	fulbat.com	Session	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.
sbjs_first_add	fulbat.com	Session	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.
sbjs_current	fulbat.com	Session	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.
sbjs_first	fulbat.com	Session	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.
sbjs_udata	fulbat.com	Session	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.
sbjs_session	fulbat.com	1 day	Collects data on user behaviour and interaction in order to optimize the website and make advertisement on the website more relevant.
TESTCOOKIESENABLED	youtube.com	1 day	Used to track user’s interaction with embedded content.
remote_sid	youtube.com	Session	Necessary for the implementation and functionality of YouTube video-content on the website.
LAST_RESULT_ENTRY_KEY	youtube.com	Session	Used to track user’s interaction with embedded content.
YSC	youtube.com	Session	Necessary for the implementation and functionality of YouTube video-content on the website.
VISITOR_INFO1_LIVE	youtube.com	180 days	Necessary for the implementation and functionality of YouTube video-content on the website.
VISITOR_PRIVACY_METADATA	youtube.com	180 days	Stores the user’s cookie consent state for the current domain
CONSENT	youtube.com	2 years	Used to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website.
yt-remote-device-id	youtube.com	Persistent	Stores the user’s video player preferences using embedded YouTube video
yt-remote-cast-installed	youtube.com	Session	Stores the user’s video player preferences using embedded YouTube video
yt-remote-cast-available	youtube.com	Session	Stores the user’s video player preferences using embedded YouTube video
yt-remote-session-app	youtube.com	Session	Stores the user’s video player preferences using embedded YouTube video
yt-remote-session-name	youtube.com	Session	Stores the user’s video player preferences using embedded YouTube video
yt-remote-fast-check-period	youtube.com	Session	Stores the user’s video player preferences using embedded YouTube video
yt-remote-connected-devices	youtube.com	Persistent	Stores the user’s video player preferences using embedded YouTube video
ytidb::LAST_RESULT_ENTRY_KEY	youtube.com	Persistent	Used to track user’s interaction with embedded content.
YtIdbMeta#databases	youtube.com	Persistent	Used to track user’s interaction with embedded content.
LogsDatabaseV2:V#||LogsRequestsStore	youtube.com	Persistent	Used to track user’s interaction with embedded content.
ServiceWorkerLogsDatabase#SWHealthLog	youtube.com	Persistent	Necessary for the implementation and functionality of YouTube video-content on the website.
iU5q-!O9@$	youtube.com	Session	Registers a unique ID to keep statistics of what videos from YouTube the user has seen.
#-#	youtube.com	Session	Registers a unique ID to keep statistics of what videos from YouTube the user has seen.
nextId	youtube.com	Session	Used to track user’s interaction with embedded content.
requests	youtube.com	Session	Used to track user’s interaction with embedded content.
yt.innertube::nextId	youtube.com	Persistent	Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

 

3. Managing cookies: activation and deactivation

It is possible for the User to manage the Cookies on the browser he/she uses at any time. The User can activate or deactivate them at any time. The means of managing cookies depend on each browser. To facilitate the management of the User’s cookies, below is an explanatory help for managing the cookies on the main browsers used by the Users:

• Google chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=fr
• Safari : https://support.apple.com/fr-fr/guide/safari/sfri11471/mac
• Mozilla Firefox : https://support.mozilla.org/fr/kb/activer-ou-desactiver-les-cookies on-firefox-for-android
• Internet explorer : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

Users’ rights

• Access, rectification, erasure, object, and restriction

The User has the right to request the Data Controller for access to his/her personal data, for it to be rectified or erased, or for the processing of data relating to the User concerned to be restricted, or to object to the processing and the right to data portability.

• Withdrawal of consent

Users have the right to withdraw their consent to the processing of their personal data at any time. This withdrawal of consent will take effect when the Data Controller receives notification of the User’s withdrawal of consent.

• Right to lodge a complaint

The User has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) via the contact form available at the following website: https://www.cnil.fr/fr;or with the Direction Générale de la Concurrence, de la Consommation et de la répression des fraudes via the contact form available at https://www.economie.gouv.fr/dgccrf.

The User may exercise the rights set out above in relation to this Policy by notifying the Data Controller at the following e-mail address: contact@fulbat.com

MERCASAFE 2024© – MS 1001-179053

These present Terms of Use (hereinafter “TOU“) are a contract concluded between :

Any person browsing the website: fulbat.com, (hereinafter the “User“)

AND

FULBAT SAS, a company incorporated the laws of France with the registration number 48334319000052 and registered at the address: 30 RUE PASTEUR, 92150 SURESNES, FRANCE (hereinafter the “Editor“).

Purpose

1. These Terms of Use (hereinafter the “TOU“) aim to define the terms of use of any person browsing (hereinafter the “User”) the Website (hereinafter the “Website“) of the Editor. The purpose of the Editor’s Website is the presentation of the Editor’s company and its products.
2.  Exceptionally, the Editor may agree to the modification, addition, or deletion of provisions of these TOU by written agreement. The Editor reserves the right to modify or update the present TOU without justification or prejudice, which is why the Editor recommends that Users systematically read the TOU before any new navigation on the Website. The date of the last update of these TOU is shown at the top of this page in bold.

Scope of application

These TOU apply to all Users visiting the Website. By accessing the Website, the User acknowledges having read and accepted these Terms of Use, which set out his rights and obligations in the context of his navigation on the Website.

Website

1. Accessibility

The Editor’s Website is located at the following address: fulbat.com. Access to the Website is free for all Users with Internet access, however the costs incurred by the User for the connection and use of the Internet are not borne by the Editor.

Each User acknowledges that he/she is over 16 years of age or is accompanied by a legal guardian in order to browse or navigate on the Website.

2. Content

The Editor uploads content on the Website and ensures that it gives its best efforts to ensure the accuracy and validity of the information online on the Website. The Editor reserves its right to modify or update the content without justification, prejudice or notice.

It is possible that the content of the Website contains inaccurate, incomplete or erroneous information resulting from a technical or involuntary error on the part of the Editor. The Editor undertakes to correct these errors in good faith, as soon as possible, as soon as the Editor becomes aware of them.

Personal data and cookies

The Editor undertakes to preserve the confidentiality of personal data and navigation data of the Users. Personal data of Users can be processed by the Editor in particular to proceed with the creation of a customer account or the submission of a contact request on the Website. Navigation data is used to facilitate the User’s navigation on the Website.

If the User consents, his personal data and his navigation data may be processed by the Editor. The Editor undertakes to ensure compliance with the provisions of the General Data Protection Regulation 2017/679 (GDPR) of the European Parliament and of the Council dated 14 April 2016 by ensuring compliance with the retention periods, the need to collect the aforementioned personal data, and the confidentiality of the personal data collected. For more information, please see our Privacy and Cookies Policy available here.

Hypertext links

The Editor’s Website may contain hypertext links redirecting the User to third party sites. The Editor is not responsible for the page to which the hypertext link redirects the Users, nor for the use that can be made of this link. The Editor warns the Users about the risks resulting from these links and recommends to the Users to use these hypertext links with precaution.

Intellectual property

All the elements present on the Editor’s Website are subject to reserved intellectual property rights of the Editor. Further, the Website may contain or redirect to specific content which is subject to third party intellectual property reserved rights. Any reproduction, exploitation, redistribution or use, even partial, of the elements, including legal and administrative documents present on or linked to the Editor’s Website is prohibited.

Liability

The Editor undertakes to provide its best efforts to ensure the proper functioning, security and accessibility of the Website. The Website is provided “as is” and the Editor commits to provide its best efforts towards the proper functioning, security and accessibility of the Website. However, the Editor shall not be liable to the User in case of :

• malfunction, security failure or unavailability of certain services of the Website
• direct or indirect damage resulting from the information present on the Website

The Editor shall not be liable for any damage caused to the User or to third parties resulting from a Use of the Website contrary to these TOU on behalf of the User. The User shall be solely liable for the Use made of the Website and commits to indemnify and compensate the Editor in case of damage, loss or loss of profit of the Editor caused by the User during the use of the Website.

Severability

If one or more of the provisions of these TOU are deemed invalid pursuant to any applicable law or a final decision of a competent court, the provisions not affected by this invalidation remain applicable in their entirety.

Applicable Law and Jurisdiction

The present TOU are subject to French law. In case of dispute between the User and the Editor, the parties will favor an amicable resolution of the dispute. Any dispute relating to the interpretation and/or the execution of these TOU is under the jurisdiction of the courts of Paris, France.

MERCASAFE 2024© -MS 1001-179053