Under Article 6 of French Act No. 2004-575 dated 21 June 2004 regarding trust in the digital economy, users of the site http://www.wikomobile.com/ are informed of the identity of the various parties involved in the site’s implementation and monitoring:
Owner: WIKO SAS –1, rue du Capitaine DESSEMOND, 13007 MARSEILLES, France
Developer: Massiliart Communication
Publication manager: WIKO SAS
Webhost: OVH, 2 rue Kellermann - 59100 Roubaix - France.
2. Terms and conditions for using the site and services on offer.
The use of the WIKO SAS site - www.wikomobile.com - implies full and complete acceptance of the terms and conditions described below. These terms and conditions of use are liable to be amended or supplemented at any time; users of the http://www.wikomobile.com/ site are, therefore, advised to consult them on a regular basis.
Said site is usually available at all times to users. Interruption due to technical maintenance may, however, be decided by WIKO SAS, which will aim to inform users in advance of the dates and times of the work. http://www.wikomobile.com/ is regularly updated by [publication manager]. Similarly, the legal notice may be amended at any time; nevertheless, it is binding on users, who are advised to refer to it as often as possible in order to become acquainted with it.
3. Description of services provided.
The purpose of the http://www.wikomobile.com/ site is to provide information about all the company’s activities.
WIKO SAS aims to provide information that is as accurate as possible on the site. However, it may not be held responsible for any omissions, inaccuracies and shortcomings regarding the updates, whether of its own doing of that of third-party partners that provide such information.
All the information included on the http://www.wikomobile.com/ site is purely illustrative, and is liable to change. Furthermore, the information on the http://www.wikomobile.com/ site is not exhaustive. It is supplied subject to changes being made subsequent to the information being put online.
Photographs and visuals on the site are provided for information only, are not contractual and do not engage the responsibility of WIKO SAS. They can be changed or updated without notice. WIKO SAS reserves the right at any time and without notice, make improvements and / or changes to the site.
The website may not be held responsible for material damage related to use of the site. In addition, the user of the site undertakes to access the site using the latest, virus-free equipment and using a latest generation, updated browser.
5. Intellectual property and counterfeiting.
WIKO SAS owns the intellectual property rights or holds the usage rights for all the items available on the site, including the text, images, graphics, logo, icons, audio and software.
Any reproduction, representation, modification, publication or adaptation of all or part of this site, regardless of the means or process, is prohibited without prior written permission from WIKO SAS.
Any unauthorised use of the site or any of the items contained therein shall be deemed to constitute an infringement and shall be pursued in accordance with the provisions of Articles L.335-2 and following of the French Intellectual Property Code.
6. Limitations of liability.
WIKO SAS may not be held responsible for any direct and indirect damage caused to the user’s equipment when accessing the WIKO SAS site and which results either from use of equipment that does not comply with the specifications stated in point 4 or the appearance of a bug or incompatibility.
In addition, WIKO SAS may not be held responsible for any indirect damage (such as, for instance, a loss of market or loss of opportunity) arising from the use of the site http://www.wikomobile.com/
Interactive spaces (offering the opportunity to ask questions in the contact area) are made available to users. WIKO SAS reserves the right to remove, without prior notice, any content posted in this area that would violate the laws applicable in France, in particular the provisions relating to data protection. Where applicable, WIKO SAS also reserves the right to challenge the civil and / or criminal liability of the user, especially in the event of messages with a racist character or that are offensive, defamatory or pornographic, irrespective of the medium used (text, photographs, etc.).
7. Personal Data Management.
Personal data in France is protected in particular by French Act No. 78-87 dated 6 January 1978, French Act No. 2004-801 dated 6 August 2004, Article L. 226-13 of the French Criminal Code and the European Directive dated 24 October 1995.
The following information may be collected when using the http://www.wikomobile.com/ site: the URL of the links through which the user accessed the site http://www.wikomobile.com/; the user’s access provider; and the internet protocol address (IP) of the user.
In all events, WIKO SAS only collects personal information about the user for the requirements of certain services offered by the http://www.wikomobile.com/ site.
The user supplies this information in full knowledge, especially when he or she enters the information him or herself. Users of the http://www.wikomobile.com/ site are informed, therefore, whether they are required or not to provide such information.
In accordance with the provisions of Articles 38 and following of the French Act 78-17 dated 6 January 1978, the French Data Protection Act, all users have the right to access, correct or contest any personal data that applies to them by making a written, signed request. This should be submitted with a copy of their ID that includes the holder’s signature and states the address to which the reply should be sent.
No personal information about users of the site http://www.wikomobile.com/ is published without the knowledge of the user, nor exchanged, transferred, assigned or sold on any medium of any kind to third parties. Only the acquisition of WIKO SAS and its rights would allow the transmission of such information to any purchaser which would then, in turn, be bound by the same obligations concerning the retention and modification of data with respect to users of the http://www.wikomobile.com/ site.
The site is not declared with the CNIL (French Data Protection Authority) because it does not collect personal information.
The data-bases are protected by the provisions of the French Act dated 1 July 1998 transposing Directive 96/9 dated 11 March 1996 on the legal protection of databases.
8. Hyperlinks and cookies.
The http://www.wikomobile.com/ site includes a certain number of hyperlinks to other sites that have been set up with the permission of WIKO SAS. However, WIKO SAS is not able to check the content of sites visited in this way, and accordingly shall assume no responsibility.
Browsing on the http://www.wikomobile.com/ site is likely to result in cookie(s) being installed on the user’s computer. A cookie is a small file: it does not allow the user to be identified but does record information about a computer’s browsing behaviour on a site. The data obtained in this way is designed to help subsequent browsing on the site as well as being designed to allow various measures of site usage.
Refusing to allow a cookie to be installed may make it impossible to access some services. Users may, however, configure their computers as follows in order to prevent cookies being installed:
Internet Explorer: Tools tab / internet options. Click on Privacy and select Block all cookies. Press on OK.
Mozilla/Firefox: Edit tab / preferences. Click on Advanced and select Disable cookies. Press on OK.
9. Governing law and allocation of jurisdiction.
Any dispute in connection with the use of the http://www.wikomobile.com/est site is subject to French law. The courts of Marseille (France) shall have exclusive jurisdiction.
10. Principal relevant laws.
French Act No. 78-87 dated 6 January 1978, amended in particular by French Act No. 2004-801 dated 6 August 2004 on data protection.
French Act No. 2004-575 dated 21 June 2004 regarding trust in the digital economy.
User: Internet user connecting to and using the aforementioned site.
Personal information: “Information that makes it possible, in any form whatsoever, directly or otherwise, to identify individuals to whom the information applies” (Article 4 of French Act No. 78-17 dated 6 January 1978).