Brainwave GRC legal notice
The website www.brainwavegrc.com (the “Website”) is published by the French company Brainwave whose Chief Editor is Mr. Sébastien Favre. The Website – in whole (developments, pages, content) – is the ownership of Brainwave, “société par actions simplifiée” with capital of €90.000,00, whose registered office is located at 38, rue Gallieni – 92600 Asnières sur Seine, France, registered with the Trade and Companies Register of Nanterre (France) under the number 519 847 362 and whose VAT registration number is FR57 519 847 362.
The Website is hosted by SAS OVH. To learn more about OVH, please visit the following website: http://www.ovh.com/.
OVH is a French “société par actions simplifiée” with a capital of €500 000, under the APE Code number 6202A, whose registered office is located at 2 rue Kellermann – 59100 Roubaix – France.
Email: [email protected]
The Website was developed by BRAINWAVE.
BRAINWAVE and/or its licensors own(s) the documents and information included on the Website.
Photography credits – Shutterstock.com and fotolia.com
The corporate names, trademarks and logos, reproduced on the Website are protected by intellectual property rights. Any reproduction or representation – in whole or in part – of any of such signs entails the prior and express authorization of their respective holders.
The pages and the content of the Website are generated by the open-source software WordPress.
Updated on October 3rd 2016
Browsing on the Website automatically entail(s) Your express and unreserved acceptance of these GTU.
If You do not accept the GTU, You must not use the Website.
We recommend You to keep a printed copy of the GTU which apply when You use the Website, for Your personal archives.
The terms used below in these GTU have the following meanings whether they are used in the singular or plural:
“BRAINWAVE” means BRAINWAVE, a French “société par actions simplifiée” with shared capital of €90.000,00, whose registered office is at 38, rue Gallieni – 92600 Asnières sur Seine, France, registered on the Paris Trade and Companies Register under the number 519 847 362 , which holds the exclusive ownership title rights over the Website, the “BRAINWAVE GRC” trademark and the domain name: www.brainwavegrc.com.
“Content” means all the information and publications accessible on the Website, notably the general structure, texts, images, animated or not, videos, sounds, hypertext links, distinctive signs (trademarks, logos) and the associated databases, as well as their content, including in particular textual, quantitative and graphic data, photos, videos, presentations, hypertext links.
“General Terms and Conditions of Use” or “GTU” means this document accessible online on the Website when You browse on the Website.
“Laws and Regulations on Data Protection” means the laws and regulations applicable in the European Union, European Economic Area and their Member States, relating to the processing of the personal data.
“Parties” means individually You or BRAINWAVE or collectively You and BRAINWAVE.
“Website” means the URL address http://www.brainwavegrc.com.
“You” and “Your/Yours” means the individual or the legal entity who/which uses the Website.
2 – Prerequisites
2.1 Browsing on the Website implies that You meet the following prerequisites: (i) have an Internet connection and (ii) hold an Internet subscription which allows access to the Website; it being understood that You shall exclusively bear the related costs.
In addition, You warrant that You have the skills and means which are necessary to access and use the Website.
2.2 Under no circumstances, shall BRAINWAVE be held liable for any use of the Website by any person who does meet such prerequisites.
3 – Amendment of the GTU
BRAINWAVE reserves the right to amend the GTU at any time and by any means whatsoever.
4 – Interruption of the Website
BRAINWAVE reserves the right to interrupt the use of the Website at any time, with or without notice, notably in order to carry out a corrective and upgrade maintenance of the Website, or to modify the Content or the presentation. To the extent possible, BRAINWAVE will inform You before any corrective or upgrade maintenance operation. You acknowledge that BRAINWAVE cannot guarantee You a permanent access to the Website.
In any event, BRAINWAVE shall not be held liable for any interruption and/or malfunction of the Website, for whatever reason. BRAINWAVE reserves the right to modify and/or delete certain aspects of the Website at any time.
5 – Warranties on the Website
You acknowledge and agree that:
- the use of the WEBsite is AT YOUR OWN RISK; The WEBsite is provided “as is” without any warranty of any kind. brainwave expressly disclaims any express or tacit warranty, RELATING TO – IN PARTICULAR – THE CONTENT, FITNESS FOR A PARTICULAR PURPOSE AND/OR the non-violation of third party rights;
- brainwave does not warrant that: (i) the WEBSite will meet your requirements; (ii) the WEBSite will OPERATE WITHOUT INTERRUPTION, in a secure manner and without any defect; (iii) the quality of any Service and/or information obtained FROM the WEBsite will MEET YOUR expectations; and/OR THAT (iv) any error in the WEBSite will be corrected;
- any content dowloaded or otherwise obtained from the use of the WEBsite is at your own risks and you shall be solely responsible for the damages on your computer and the loss of data resulting from the download of ANY content.
6 – Your liability
You are solely liable for the choice to access, and browse on the Website and its suitability for Your needs, the security of Your computer system and the backup of Your data.
You undertake to comply with the provisions of these GTU by acting in a manner which complies with the Website and in any case, with the applicable laws and regulations.
Therefore, BRAINWAVE may not be held liable in any way for the disputes which could arise between You and third parties for current or future claims or damage, presumed or not, established or not, which directly or indirectly result from using the Website.
7 – Intellectual property
These GTU do not entail any assignment of any kind to You, relating to the intellectual property rights on the elements belonging to BRAINWAVE and/or its licensors.
You acknowledge and agree that the Content accessible on the Website is protected by their authors, trademarks, patent rights, and any other intellectual or industrial property rights which exist under applicable laws.
The Content cannot be reproduced, used or shown without BRAINWAVE’s express prior authorization. You shall not modify the Content – in whole or in part – in any way whatsoever.
Any reproduction and/or representation, in whole or in part of one of such Content, without BRAINWAVE’s express prior authorization, shall constitute a violation of BRAINWAVE’s or its licensors’ intellectual property rights.
Therefore, You shall not act in a way which may affect directly or not BRAINWAVE’s and/or its licensors’ intellectual property rights.
8 – Third party websites and social networks
8.1 Any click on a hypertext link can result in leaving the Website. BRAINWAVE does not screen or otherwise control third-party websites. Therefore, BRAINWAVE shall not be liable for the third parties’ content or operation of any third party website, available from the Website. Moreover, third party websites may have different terms and conditions of use and different privacy policies. BRAINWAVE therefore strongly recommends that You inform yourself regarding the practices of third party websites.
The communications or business dealings with, or participation in promotions of, advertisers available from the Website and the delivery and payment of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You acknowledge and agree that BRAINWAVE shall not be responsible or liable for any loss or damage of any way whatsoever incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website.
If You do not wish that a social network may link the information collected through the Website to the user account of the considered social network, You must log out of the social network prior any browsing on the Website. In any case, the use of such links is issued by such social networks and is exclusively governed by the conditions which bind You to the social network to which You belong.
9 – Personal data and cookies
9.1 Brainwave warrants that it complies with the Laws and Regulations on Data Protection.
It is expressly specified that the information collected by BRAINWAVE (if any) may be communicated to BRAINWAVE’s third party partners, notably within the framework of webinars. Such information come from the voluntary registration of an email address that You provide Brainwave, which allows You to receive a documentation or a newsletter, to request Your inscription in the editorial panel of the Website or to inform You on any part of the products and services provided by BRAINWAVE.
In accordance with the law n° 78-17 of 6 January 1978 as amended on Data protection, You have a right to access, rectify and delete Your personal information which are stored by BRAINWAVE, that You may exercise at any time before BRAINWAVE’s administrator. For such request, please address a mail to BRAINWAVE (see contact details in section 1 of these GTU) or contact BRAINWAVE to the following email address: [email protected].
Sales prospecting by email are allowed under the statutory conditions if the recipient’s contact details have been gathered in compliance with the law n° 78-17 of 6 January 1978 as amended. You have a right to oppose the personal data concerning Yourself being used for such purposes, without incurring costs.
9.2 BRAINWAVE takes Your privacy very seriously and complies with the EU directive privacy and electronic communications, in particular the use of the cookies that BRAINWAVE collects when You are browsing on the Website.
Some personal information and web beacons may be registered by BRAINWAVE on Your computer (“cookies” or “Java applets”).
Such technical processes are not necessary for the good performance of the Website and their use may be deactivated in Your browser without affecting Your browsing.
It is specified that the access to the different private areas accessible from the Website may necessitate Your acceptance to receive a cookie on Your computer for security issues.
10 – Traceability
BRAINWAVE keeps the historic of Your connections to the Website in accordance with the regulatory time limits imposed on itself.
11 – Confidentiality
All the information transmitted or gathered by BRAINWAVE when the Website is used shall be deemed to be confidential by nature and shall not be communicated externally unless otherwise provided in these GTU. Such provision does not prevent BRAINWAVE from making disclosures in order to comply with the laws and regulations in force or any judicial or administrative requisition or request in order to protect itself, You or any other person.
12 – General provisions
12.1 Independence of Parties
The Parties are independent contractors. In no event shall the GTU establish any mandate, franchise or any type of legal entity.
Notifications will be sent You by email to the address provided by You, if any. . You are deemed to have received and have full knowledge of any email sent by BRAINWAVE to You.
The files, data, messages and digitized records stored in BRAINWAVE’s data processing systems shall be admitted as proof of the facts and communications between the Parties. The registers will be presumed to have been kept under reasonably secure conditions, if the messages, data and other documents are systematically recorded on a reliable and durable medium.
12.4 Assignment and subcontracting
BRAINWAVE may assign or transfer its rights and obligations resulting under the GTU to any third parties without any prior notification.
BRAINWAVE may subcontract its obligations under the GTU – in whole or in part – to a third party, it being specified that BRAINWAVE will remain solely liable to You for their good performance.
12.5 Force Majeure
Neither Party can be held liable for the non-performance of its obligations under the GTU, if an event of force majeure as defined by French courts occurs.
No waiver by You or BRAINWAVE of any default or breach of any obligation under this Agreement of the other Party hereto shall operate as a waiver of any continuing or future default or breach.
If any provision of the GTU is held to be illegal, invalid or unenforceable, as a result of any statutory or regulatory provision or after the decision of a competent court which has become final, the Parties shall consult each other to replace such provision by a solution agreeable and which is in the spirit of the GTU. All the other provisions of the GTU shall continue in full force and effect.
13 – Governing law and jurisdiction
The GTU are governed by French law. The Parties will endeavor to find an amicable solution if a dispute arises concerning the performance or interpretation of these GTU. If an amicable solution is impossible, any dispute or complaint will be submitted to the exclusive jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal – France, including in the event of summary proceedings or plurality of defendants.
14 – Contacts
If You have any doubt or question about these GTU please contact BRAINWAVE by email at the following address: [email protected].