BLACK DIAMOND HOLDING GROUP LIMITED 128, City Road, London, EC1V 2NX, UNITED KINGDOM
Registered in UNITED KINGDOM, Number 15055100
Definitions
Customer: any professional or capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Services: https://blackdiamondholdinggroup.com makes available to Customers:
Content: All elements constituting the information present on the Site, in particular texts - images - videos.
Customer information : Hereinafter referred to as "Information (s)" which corresponds to all personal data that may be held by https://blackdiamondholdinggroup.com for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: "Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law no. 78-17 of January 6, 1978).
The terms "personal data", "data subject", "sub-processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)
- Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://blackdiamondholdinggroup.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner : Black Diamond Holding Group Limited
Responsible for publication: Black Diamond Holding Group Limited
Webmaster : Black Diamond Holding Group Limited
Host: Webador
Data protection delegate : Black Diamond Holding Group Limited
- General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.
Use of the https://blackdiamondholdinggroup.com website implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and users of the https://blackdiamondholdinggroup.com site are therefore advised to consult them regularly.
This website is normally accessible to users at all times. However, https://blackdiamondholdinggroup.com may decide to interrupt the site for technical maintenance purposes, in which case it will endeavor to inform users of the dates and times of the intervention in advance. The https://blackdiamondholdinggroup.com website is regularly updated by https://blackdiamondholdinggroup.com. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to review them.
- Description of services provided.
The purpose of the https://blackdiamondholdinggroup.com website is to provide information concerning all of the company's activities. https://blackdiamondholdinggroup.com strives to provide information on the https://blackdiamondholdinggroup.com website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failure to update information, whether caused by the company itself or by third-party partners supplying such information.
All information provided on the https://blackdiamondholdinggroup.com website is given for guidance only, and is subject to change. Furthermore, the information provided on the https://blackdiamondholdinggroup.com website is not exhaustive. It is subject to modifications having been made since it was put online.
- Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for any material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a last-generation, up-to-date browser. The https://blackdiamondholdinggroup.com website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679).
The aim 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. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.
https://blackdiamondholdinggroup.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.
- Intellectual property and counterfeiting.
https://blackdiamondholdinggroup.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, notably texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is forbidden, except with the prior written authorization of: https://blackdiamondholdinggroup.com
Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
- Limitation of liability.
https://blackdiamondholdinggroup.com acts as the publisher of the site. https://blackdiamondholdinggroup.com is responsible for the quality and accuracy of the Content it publishes.
https://blackdiamondholdinggroup.com cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the https://blackdiamondholdinggroup.com website, and 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://blackdiamondholdinggroup.com cannot be held liable for any indirect damage (such as loss of business or loss of opportunity) resulting from use of the https://blackdiamondholdinggroup.com website. Interactive areas (possibility of asking questions in the contact area) are available to users. https://blackdiamondholdinggroup.com reserves the right to delete, without prior notice, any content posted in this area which contravenes French legislation, in particular data protection provisions. Where applicable, https://blackdiamondholdinggroup.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
- Management of personal data.
The Customer is informed of the regulations concerning marketing communications, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the person responsible for processing Personal Data is: Black Diamond Holding Group Limited. https://blackdiamondholdinggroup.com represented by Black Diamond Holding Group Limited, its legal representative.
As the party responsible for processing the data it collects, https://blackdiamondholdinggroup.com undertakes to comply with the legal provisions in force. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to
provide its prospects and customers, from the moment their consent is obtained, with full information on the processing of their personal data, and maintain an accurate data processing register. Whenever https://blackdiamondholdinggroup.com processes Personal Data, it takes all necessary measures to ensure the accuracy and relevance of Personal Data with regard to the purposes for which https://blackdiamondholdinggroup.com processes them.
7.2 Purpose of data collected
https://blackdiamondholdinggroup.com may process some or all of the following data: to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc., to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), to improve browsing on the Site: connection and usage data, to conduct optional satisfaction surveys on https://blackdiamondholdinggroup. com: e-mail address, to carry out communication campaigns (sms, e-mail): telephone number, e-mail address, https://blackdiamondholdinggroup.com does not sell your personal data, which is only used for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://blackdiamondholdinggroup.com have the following rights:
Right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users' data right to block or delete Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage 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 the processing of Users' data (Article 21 RGPD).
Right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
Right to define the fate of Users' data after their death and to choose to whom https://blackdiamondholdinggroup.com should communicate (or not) their data to a third party they have previously designated
As soon as https://blackdiamondholdinggroup.com becomes aware of a User's death and in the absence of instructions from the User, https://blackdiamondholdinggroup.com undertakes to destroy the User's data, unless its retention proves necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://blackdiamondholdinggroup.com uses his or her Personal Data, to ask for them to be rectified or to object to their processing, the User may contact https://blackdiamondholdinggroup.com in writing at the following address:
Black Diamond Holding Group Limited : 128 City Road, London EC1V 2NX
In this case, the User must indicate the Personal Data that he/she would like https://blackdiamondholdinggroup.com to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://blackdiamondholdinggroup.com by law, in particular as regards the retention or archiving of documents. Finally, https://blackdiamondholdinggroup.com users may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://blackdiamondholdinggroup.com refrains from processing, hosting or transferring Information collected on its Customers to a country located outside the European Union and UK or recognized as "non-adequate" by the European Commission without informing the Customer in advance. For all that, https://blackdiamondholdinggroup.com remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
https://blackdiamondholdinggroup.com undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to https://blackdiamondholdinggroup.com's attention, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. https://blackdiamondholdinggroup.com does not collect any "sensitive data".
The User's Personal Data may be processed by https://blackdiamondholdinggroup.com subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of the present policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of https://blackdiamondholdinggroup.com Users are mainly our customer service agents.
- Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to their account security, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.
No personal information concerning the user of the https://blackdiamondholdinggroup.com website is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://blackdiamondholdinggroup.com and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the https://blackdiamondholdinggroup.com site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://blackdiamondholdinggroup.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://blackdiamondholdinggroup.com .takes all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
- Hypertext links, cookies and Internet tags
The https://blackdiamondholdinggroup.com website contains a number of hyperlinks to other sites, set up with the authorization of https://blackdiamondholdinggroup.com. However, https://blackdiamondholdinggroup.com is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.
Unless you decide to disable cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided below, although this may 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 on the User's terminal (e.g. computer, smartphone), (hereinafter "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 in no way likely to damage the User's terminal.
https://blackdiamondholdinggroup.com may process information concerning the User's visit to the Site, such as pages consulted and searches carried out. This information enables https://blackdiamondholdinggroup.com to improve the content of the Site and the User's browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Site, Users may configure their browsers to allow them to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or depending on the sender. The User may also configure his/her browser software so that acceptance or refusal of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his/her terminal. https://blackdiamondholdinggroup.com informs the User that, in this case, not all the functions of his/her browser software may be available.
If the User refuses to allow Cookies to be stored on his/her terminal or browser, or if the User deletes Cookies stored on his/her terminal or browser, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case when https://blackdiamondholdinggroup.com or one of its service providers is unable to recognize, on the basis of data stored on the User's computer, the User's browser or terminal.
For technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, https://blackdiamondholdinggroup.com declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by https://blackdiamondholdinggroup.com, resulting from the User's refusal to accept Cookies, or from the impossibility for https://blackdiamondholdinggroup.com to save or consult the Cookies necessary for their operation due to the User's choice. To manage Cookies and User choices, the configuration of each browser is different. This is described in the browser's help menu, which will indicate how the User can modify his or her wishes with regard to Cookies.
At any time, the User may choose to express and modify his or her wishes with regard to Cookies. https://blackdiamondholdinggroup.com may also call on the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the Linkedin and Google Plus social networking icons on the https://blackdiamondholdinggroup.com website or mobile application, and if the User has accepted the deposit of cookies by continuing to browse the https://blackdiamondholdinggroup.com website or mobile application, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on the https://blackdiamondholdinggroup.com website or mobile application. However, the User may revoke his or her consent to https://blackdiamondholdinggroup.com depositing this type of cookie at any time.
Article 9.2. INTERNET TAGS
https://blackdiamondholdinggroup.com may occasionally employ Internet tags (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a specialist web analytics partner who may be located (and therefore store the relevant information, including the User's IP address) in a foreign country.
These beacons are placed both in the online advertisements enabling Internet users to access the Site, and on the various pages of the Site.
This technology enables https://blackdiamondholdinggroup.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 consulted), as well as the User's use of the Site.
The external service provider may collect information on visitors to the Site and other Internet sites thanks to these tags, compile reports on Site activity for https://blackdiamondholdinggroup.com, and provide other services relating to the use of the Site and the Internet.
- Applicable law and jurisdiction.
Any dispute arising in connection with the use of the https://blackdiamondholdinggroup.com website is subject to French ("hebergeur") and English law. Except
in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of London and Cannes