Legal notice statement

 

 

Definitions

 

 

Client: any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these terms and conditions.
Benefits and Services:  https://www.nearsens.com  provides clients with:

 

Content: All the constituent elements of the information present on the Site, including texts, images and videos.

Customer information: Below is referred to as “Information (s)” which corresponds to all personal data that may be held by  https://www.nearsens.com for the management of your account, customer relationship management and for analysis and statistics purposes.

User: Internet user logging in, using the aforementioned site.

Personal information: “Information that permits, in any form, directly or not, the identification of the individuals to whom they apply” (Article 4 of Act 78-17 of January 6, 1978).

The terms “personal data,” “person concerned,” “subcontractor” and “sensitive data” have the meaning defined by the General Data Protection Regulations (RGPD: No. 2016-679)

 

 

 

1. Introducing the website

 

Under Article 6 of Law 2004-575 of 21 June 2004 for confidence in the digital economy, users of the website are told https://www.nearsens.com  the identity of the various stakeholders in the course of its implementation and follow-up:

Owner: SAS NEARSENS Social Capital of 50,000 VAT number: FR17837900778 – 400 Avenue Roumanille 06410 BIOT

SIRET number : 83790077800023

 RCS number : Antibes B 837 900 778

Publication Manager:  NEARSENS – [email protected] publication manager is a natural person or a legal person.
Webmaster:  NEARSENS – [email protected]
Host:  OVH – 2 Kellermann Street 59100 Roubaix 1007Data Protection
Delegate:  NEARSENS – [email protected]

 

 

 

2. Terms and conditions for the use of the site and the services offered

 

The Site is a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer or exploit all or part of the site’s elements or works on his own account.

The use of the https://www.nearsens.com site implies full acceptance of the following terms and conditions of use. These terms of use may be changed or completed at any time, so users of the https://www.nearsens.com site are encouraged to consult them on a regular basis.

This website is normally accessible to users at any time. However, aninterruption due to technical maintenance may be decided byhttps://www.nearsens.com, who will then try to communicate to users the dates and times of the intervention beforehand. The  https://www.nearsens.com website is updated regularly by  https://www.nearsens.com  manager. In the same way, legal mentions can be changed at any time: they are nevertheless necessary for the user who is invited to refer to them as often as possible in order to read them.

 

 

3. Description of the services provided

 

The https://www.nearsens.com website is intended to provide information about all the company’s activities. https://www.nearsens.com  strives to provide as accurate information as possible on the site https://www.nearsens.com.  However, it cannot be held responsible for any omissions, inaccuracies and deficiencies in the update, either by its own making or by the third parties that provide this information.

All information on the https://www.nearsens.com website is given as an indication, and is likely to change. In addition, the information on the  https://www.nearsens.com site is not exhaustive. They are given subject to changes that have been made since they were put online.

 

 

4. Contractual limitations on technical data

 

The site uses JavaScript technology. The website cannot be held responsible for property damage related to the use of the site. In addition, the user of the site agrees to access the site using new, non-virus-free material and with a latest-generation browser updated The site https://www.nearsens.com  is hosted with a provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: 2016-679)

The goal is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. Nevertheless, it reserves the possibility of discontinuing the hosting service for the shortest possible periods of time, including for the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure or if the Benefits and Services generate traffic deemed abnormal.

https://www.nearsens.com and host cannot be held responsible for malfunctioning the Internet network, telephone lines or computer and telephone equipment, including network congestion preventing access to the server.

 

 

5. Intellectual property and counterfeits

 

https://www.nearsens.com owns the intellectual property rights and holds the rights to use all items available on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, unless written permission is given:  https://www.nearsens.com.

Any unauthorized exploitation of the site or any of the elements contained in it will be considered to constitute infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

 

 

6. Limitations of liability

 

https://www.nearsens.com acts as the site’s editor. https://www.nearsens.com  is responsible for the quality and veracity of the content it publishes.

https://www.nearsens.com cannot be held responsible for the direct and indirect damage caused to the user’s equipment, when accessing the https://www.nearsens.com website,  https://www.nearsens.comand resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

https://www.nearsens.com cannot also be held liable for indirect damage (such as a loss of market or loss of a chance) as a result of the use of the https://www.nearsens.com  https://www.nearsens.comsite. Interactive spaces (possibility of asking questions in the contact area) are available to users.  https://www.nearsens.com  reserves the right to remove, without prior notice, any content deposited in this space that would contraviment the applicable legislation in France, in particular the data protection provisions. If so,  https://www.nearsens.com  also reserves the possibility of questioning the user’s civil and/or criminal liability, especially in the case of messages of a racist, offensive, defamatory, or pornographic nature, regardless of the medium used (text, photography …).

 

 

 

7. Personal data management

 

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Computer and Freedom Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: 2016-679).

 

 

7.1 Personal data collection

 

For personal data collected as part of the creation of the User’s personal account and its navigation on the Site, the person responsible for processing Personal Data is: NEARSENS. https://www.nearsens.comis represented by Cyril Vannier, its legal representative

As the person responsible for processing https://www.nearsens.com the data it collects, https://www.nearsens.com is committed to complying with the framework of the applicable legal provisions. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and clients, based on the collection of their consents, with complete information on the processing of their personal data and to maintain a register of treatments in accordance with reality. Whenever  https://www.nearsens.com deals with Personal Data,  https://www.nearsens.com takes all reasonable steps to ensure the accuracy and relevance of Personal Data to the purposes for which  https://www.nearsens.com  treats it.

 

 

7.2 Finality of the data collected

https://www.nearsens.com is likely to handle all or part of the data:

 

to enable navigation on the Site and the management and traceability of user-ordered services and services: login and site usage data, billing, order history, etc.

 

to prevent and combat computer fraud (spamming, hacking…): computer hardware used for navigation, IP address, password (hashé)

to improve site navigation: login and usage data

to conduct optional satisfaction surveys on https://www.nearsens.com: email address

to conduct communication campaigns (sms, email): phone number, email address

https://www.nearsens.com does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.

 

 

7.3 Right of access, rectification and opposition

In accordance with current EU regulations, https://www.nearsens.com Users have the following rights:

 

 

right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, complete data of Users right to lock or delete data of Personal Users (Article 17 of the RGPD), where they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or retention is prohibited

right to withdraw consent at any time (Article 13-2c RGPD)

right to limit the processing of Users’ data (Article 18 RGPD)

right to object to user data processing (Article 21 RGPD)

right to portability of the data that Users will have provided, when the data is processed automatically based on their consent or contract (Article 20 RGPD)

the right to define the fate of Users’ data after death and to choose to whom https://www.nearsens.com will have to share (or not) its data with a third party they have previously designated

 

As soon as https://www.nearsens.com  becomes aware of a User’s death and does not have instructions from him,  https://www.nearsens.com  undertakes to destroy his data, unless their retention is necessary for probationary purposes or to meet a legal obligation.

If the User wants to know how https://www.nearsens.com  uses his Personal Data, ask to correct it or object to their processing, the User can contact  https://www.nearsens.com in writing at:

NEARSENS – DPO, NEARSENS400 Avenue Roumanille 06410 BIOT.

In this case, the User must indicate the Personal Data that he would like https://www.nearsens.com  to correct, update or delete, by identifying himself precisely with a copy of an ID (ID card or passport).

Requests to delete Personal Data will be subject to the obligations imposed on https://www.nearsens.com  by law, including the retention or archiving of documents. Finally, https://www.nearsens.com users  https://www.nearsens.com can file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).

 

 

7.4 Non-disclosure of personal data

https://www.nearsens.com refrains from processing, hosting or transferring customer information to a country outside the European Union or recognised as “inadequate” by the European Commission without first informing the customer. However,  https://www.nearsens.com  remains free to choose its technical and commercial subcontractors on the condition that it provide sufficient safeguards under the requirements of the General Data Protection Regulation (RGPD: 2016-679).

https://www.nearsens.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of customer information is made known to  https://www.nearsens.com, thecustomer will have to inform the Customer as soon as possible and inform him of the corrective measurestaken. In addition,  https://www.nearsens.com does not collect any “sensitive data.”

The User’s Personal Data may be processed by https://www.nearsens.com  subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within their respective responsibilities and for the purposes recalled above, the main people likely to have access to user data https://www.nearsens.com  are mainly agents of our customer service.

 

 

8. Incident notification

No method of transmission over the Internet or electronic storage method is completely safe, no matter how hard it gets. Therefore, we cannot guarantee absolute security. If we became aware of a security breach, we would notify affected users so that they could take appropriate action. Our incident notification procedures take into account our legal obligations, whether they are at national or European level. We are committed to fully informing our customers of all account security issues and providing them with all the information they need to help them meet their own reporting regulatory obligations.

No personal information of the user of the https://www.nearsens.com site is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the assumption of the purchase of  https://www.nearsens.com and its rights would allow the transmission of the information to the eventual purchaser who would in turn be bound by the same obligation to preserve and modify the data vis-à-vis the user of the site  https://www.nearsens.com.

 

Security

To ensure the security and confidentiality of Personal and Personal Health Data, https://www.nearsens.com  uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, https://www.nearsens.comtakes all reasonable steps to protect them from loss, misuse, unauthorized access, disclosure, tampering or destruction.

 

 

9. Hyperlinks “cookies” and tags (“tags”) internet

The https://www.nearsens.com site contains a number of hyperlinks to other sites, set up with the permission of  https://www.nearsens.com. However,  https://www.nearsens.com does not have the ability to verify the content of the sites visited in this way, and will therefore not assume any responsibility for this fact.

Unless you decide to disable cookies, you agree that the site can use them. You can disable these cookies free of charge at any time from the deactivation options available to you and recalled below, knowing that this can reduce or prevent access to all or part 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 within the user’s terminal (e.g. computer, smartphone), (hereafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the user’s operating system, and the date and time of access. Cookies are not likely to damage the user’s device.

https://www.nearsens.com is likely to process the User’s information about his visit to the Site, such as the pages viewed, the searches made. This information allows  https://www.nearsens.com to improve the content of the Site, the user’s browsing.

With Cookies facilitating the navigation and/or provision of the services offered by the Site, the User can set up his browser to allow him to decide whether or not to accept them so that Cookies are registered in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. Users can also set up their navigation software so that cookies are accepted or rejected on an ad hoc basis, before a Cookie is likely to be registered in their device. https://www.nearsens.com  informs the User that, in this case, not all features of its navigation software may be available.

 

If the User refuses to register Cookies in their device or browser, or if the User deletes those registered in them, the User is informed that their browsing and experience on the Site may be limited. This could also be the case where https://www.nearsens.com  or one of its providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the device appears to be connected to the Internet.

If applicable, https://www.nearsens.com  disclaims any responsibility for the consequences of the degraded operation of the Site and the services possibly offered by  https://www.nearsens.com,resulting (i) from the refusal of Cookies by the User (ii) the inability for  https://www.nearsens.com to register or consult the Cookies necessary for their operation as a result of the User’s choice. For managing Cookies and User Choices, the configuration of each browser is different. It is described in the browser help menu, which will let you know how the user can change their Cookie wishes.

At any time, the User can choose to express and modify their Cookie wishes. https://www.nearsens.com  will also be able to use the services of external providers to help it collect and process the information described in this section.

Finally, by clicking on the social network icons Twitter, Facebook, Linkedin and Google Plus on the https://www.nearsens.com Site or in its mobile app and if the User has accepted the deposit of cookies by continuing to browse the website or mobile app of  https://www.nearsens.com, Twitter, Facebook, Linkedin and Google Plus can also deposit cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only deposited on your devices if you consent to them, by continuing to browse the https://www.nearsens.com’swebsite or mobileapp. At any time, however, the User may retract his consent for  https://www.nearsens.com to file this type of cookies.

 

 

9.2. TAGS (“TAGS”) INTERNET

https://www.nearsens.com may occasionally use Internet tags (also called “tags,” or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and GIFs one by one) and deploy them through a specialist web analytics partner that may be located (and therefore store the relevant information, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements that allow users to access the Site, and on the various pages of the site.

This technology allows https://www.nearsens.com to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the user’s use of the Site.

The external provider will eventually be able to collect information about visitors to the Site and other websites through these tags, compile reports on the site’s activity for https://www.nearsens.com,and provide other services related to the use of the Site and the Internet.

 

 

 

10. Applicable law and jurisdiction.

Any dispute in relation to the use of the https://www.nearsens.com site is subject to French law. Apart from cases where the law does not allow it, jurisdiction shall be granted exclusively to the competent courts of ANTIBES.

 

 

 

Privacy

At Nearsens.com, accessible from nearsens.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Nearsens and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Nearsens.
This policy is not applicable to any information collected offline or via channels other than this website.
In accordance with the new EU Privacy Law, The General Data Protection Regulation (GDPR) 2016/679, NEARSENS ask for your consent to collect, process and store your personal data.

 

 

Who is responsible for the processing of your personal data in your Gateway

The NEARSENS services are delivered by NEARSENS, that is the data controller of the personal data and responsible for process and storing this data. NEARSENS. App name is NEARSENS.

Personal data

When entering into an agreement to use NEARSENS services, it is required that you submit certain personal data in order for us to be able to deliver these services. If you don’t accept to submit this data, we cannot deliver these services and we cannot enter into a user agreement with you.
With certain personal data in this case, we mean information about a natural person, such as name, address, telephone number, e-mail and dynamic IP-address, but also derived information that can convey information about this person’s behavioral pattern. The registration of the person’s movement and the choices this person does when using the system and components connected to Nearsens are also a part of personal data if this data can be connected to a specific person.
NEARSENS services collects personal data in connection with the services provided in NEARSENS App.

 

 

The processing of personal data

The purpose for our collection of personal data is to be able to provide the services that are requested by the user.

The sources for the information are information received from the NEARSENS App, or through web pages connected to NEARSENS services, or by way of components connected to the Gateway.
Data will be processed in those systems where it is required in order to be able to provide the requested services. By means of NEARSENS App the user has also access to data from the different components connected to Gateway.
The NEARSENS system does not connect or process personal data to other use than what has been mutually agreed upon. NEARSENS will always use appropriate technical and/or organizational measures in order to secure and protect personal data that is processed in our systems against unauthorized or illegal use of data, accidental or unlawful loss of data, destruction or change or unauthorized handover of data or access to such personal data. The transfer of data to and from APP or web is encrypted and the handling of alarm is made in a physical secure area. Access to personal data is only granted to personnel that need to access the data in the various systems. Access rights are governed by the role and the level of training of the specific data processor.

 

 

The processing of personal data at the Alarm Receiving Centre

If user activates the ARC service, the Alarm Receiving Centre (ARC) process personal data in connection with the alarm system connected to the selected ARC with connecting services.
ARC uses subcontractors (third-party) in connection with emergency callouts and other requested services. These subcontractors are security companies with guards, and governmental emergency services, companies with systems used for log-in, support and statistics from web side.

 

 

Requirements in excess of the requirements of GDPR

The selected ARC supplier is subject to rules governing the certification of the Alarm Receiving Centre (ARC). This set of rules are valid for data protection, training of personnel, access rights to systems and data, risk assessment and requirements for the services we provide.

 

Removal of data

Personal data is stored as long as you have an active customer relationship with NEARSENS. Data is erased when the customer relationship is terminated. Personal data connected to customer information is erased as soon as there is no objective basis to store this data. However specific personal data connected to the alarm log has to be stored for 2 years in accordance with the certification of the Alarm Receiving Centre and such data cannot be erased earlier.

 

 

 

Contact NEARSENS

If you’re in need to contact us in connection with the storing of personal data on the NEARSENS platform, please contact us using the contact form or by writing an email directly to NEARSENS support at [email protected]

System sub contractors

Sub contractor     Services     Country/Area
Amazon.com INC     System and storage     Europe
Google Analytics     Analysis of the use of web pages     Europe/USA
Zendesk INC     Helpdesk and support     Europe/USA