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Legal notice

Definitions

Customer: a professional, individual with legal capacity within the meaning of Articles 1123 and following of the French Civil Code, or legal entity visiting this website.

Products and services: products and services made available by Emmanuel Alcindor Sebastien.

Content: all elements making up the website's information, including text, images and videos.

Customer information: personal data held by Emmanuel Alcindor Sebastien for account management, customer relationships, analysis and statistics.

User: an Internet user connecting to or using this website.

Personal information: information allowing direct or indirect identification of an individual, as described in Article 4 of French Law 78-17 of January 6, 1978. “Personal data,” “data subject,” “processor” and “sensitive data” have the meanings given in the GDPR, Regulation 2016/679.

1. Website operator

Under Article 6 of French Law 2004-575 of June 21, 2004 on confidence in the digital economy, the parties involved in creating and maintaining https://kenseikaizen.fr/ are identified below.

Owner: Kensei Kaizen, operated by Emmanuel Alcindor Sebastien
60 rue François Ier, 75008 Paris, France
Telephone: +33 6 29 44 38 02
SIRET: 950 876 920 00022
French VAT: exempt; VAT not applicable under Article 293 B of the French General Tax Code.

Publication director: Emmanuel Alcindor Sebastien, support@kenseikaizen.fr. The publication director is an individual.

Webmaster and data-protection contact: Emmanuel Alcindor Sebastien, support@kenseikaizen.fr.

Host: Shopify Inc., 151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada; telephone 1-888-746-7439.

2. Website and service terms

The website is protected by the French Intellectual Property Code and applicable international regulations. Customers may not reuse, transfer or exploit all or part of its elements or works for their own account.

Using the website constitutes acceptance of the terms described here. They may be amended or supplemented at any time; users should consult them regularly.

The website is normally accessible at all times. Emmanuel Alcindor Sebastien may interrupt access for technical maintenance and will endeavor to notify users of the dates and times beforehand. The website is updated regularly. This Legal Notice may change at any time and remains binding on users, who should review it frequently.

3. Services described

The website provides information about the business's activities. Emmanuel Alcindor Sebastien endeavors to provide accurate information but is not responsible for omissions, inaccuracies or delays in updating, whether attributable to the operator or third-party partners supplying information.

Information is indicative, may change and is not exhaustive. It is subject to changes made after publication.

4. Technical limitations

The website uses JavaScript. Users should access it with recent, virus-free equipment and an up-to-date browser. The operator does not accept responsibility for equipment damage related to website use.

The aim is to provide a high level of accessibility. The host seeks service continuity, 24 hours a day throughout the year, but may interrupt hosting for maintenance, infrastructure improvements, failures or abnormal traffic, for the shortest possible duration.

The operator and host are not responsible for Internet, telephone or computer equipment failures, including network congestion preventing server access. Personal-data processing remains subject to applicable GDPR requirements.

5. Intellectual property

Emmanuel Alcindor Sebastien holds usage rights for website elements, including text, images, graphics, logos, videos, icons and sounds. Reproduction, representation, modification, publication or adaptation of any part, by any means, is prohibited without prior written permission.

Unauthorized exploitation of the website or its elements may constitute infringement and be pursued under Articles L335-2 and following of the French Intellectual Property Code.

6. Liability limitations

Emmanuel Alcindor Sebastien is the website publisher and is responsible for the quality and accuracy of published content.

The operator is not liable for direct or indirect damage to user equipment arising from equipment that does not meet the requirements in Section 4, bugs or incompatibility, or indirect losses such as loss of business or opportunity arising from website use.

Interactive areas, including the contact section, are available to users. The operator may remove without prior notice content contrary to applicable French law, particularly data-protection rules, and may pursue civil or criminal liability for racist, abusive, defamatory or pornographic messages in any format.

7. Personal-data management

Users are informed of the rules concerning marketing communications, French digital-economy and data-protection legislation, and the GDPR, Regulation 2016/679.

7.1 Data controller

For personal data collected when an account is created or a user browses the website, the controller is Emmanuel Alcindor Sebastien, legal representative of Kensei Kaizen.

The controller undertakes to comply with applicable law, establish processing purposes, provide prospects and customers with information about processing, collect consent where required and maintain an accurate processing register. Reasonable measures are taken to keep personal data accurate and relevant to its purposes.

7.2 Purposes

Data may be processed for:

  • Website navigation and management and tracking of ordered services: connection and usage data, billing and order history.
  • Preventing computer fraud, spam and hacking: equipment information, IP address and hashed password.
  • Improving navigation: connection and usage data.
  • Optional satisfaction surveys: email address.
  • Email and SMS communications: email address and telephone number.

The operator does not sell personal data. It is used where necessary or for statistics and analysis.

7.3 Access, correction and objection rights

Under applicable European rules, users have the following rights:

  • Access under GDPR Article 15 and correction under Article 16, including updates and completion.
  • Restriction or deletion under Article 17 where data is inaccurate, incomplete, ambiguous, outdated or unlawfully collected, used, disclosed or retained.
  • Withdrawal of consent at any time under Article 13(2)(c).
  • Restriction of processing under Article 18.
  • Objection under Article 21.
  • Portability under Article 20 for data supplied and processed automatically on the basis of consent or a contract.
  • Instructions about data after death and designation of a person to whom it may or may not be disclosed.

When informed of a user's death, and in the absence of instructions, the operator undertakes to delete data unless retention is necessary as evidence or to meet a legal obligation.

To ask how data is used, request corrections or object to processing, write to Emmanuel Alcindor Sebastien, 60 rue François Ier, 75008 Paris, France, or email support@kenseikaizen.fr. Identify the data to correct, update or delete and provide appropriate proof of identity where necessary.

Deletion requests remain subject to legal document-retention and archiving obligations. Users may complain to a supervisory authority, including the French CNIL at https://www.cnil.fr/fr/plaintes.

7.4 Disclosure and international processing

The operator undertakes not to process, host or transfer customer information outside the European Union or to a country not recognized as adequate by the European Commission without informing customers beforehand. Technical and commercial processors are selected subject to sufficient GDPR safeguards.

Necessary precautions are taken to prevent disclosure to unauthorized persons. If an incident affecting the integrity or confidentiality of customer information becomes known, affected customers will be informed promptly of the corrective measures taken. The operator does not collect sensitive data.

Personal data may be processed by affiliated entities and service providers only to carry out the purposes described here. Access is limited to their respective responsibilities; customer-service staff are among those who may access user information.

8. Incident notification and security

No Internet transmission or electronic storage method is completely secure, so absolute security cannot be guaranteed. If a security breach becomes known, affected users will be notified so they can take appropriate measures. Notification procedures take account of national and European legal obligations.

Customers will be informed about account-security issues and given information needed to address their reporting obligations.

Personal information is not published without the user's knowledge or exchanged, transferred, assigned or sold to third parties. If the website and its rights are acquired, information may be transferred to the purchaser, subject to equivalent obligations regarding retention and correction.

Standard protective measures include firewalls, pseudonymization, encryption and passwords. Reasonable measures are taken to protect data from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hyperlinks, cookies and Internet tags

The website includes authorized links to other websites. The operator cannot verify all linked content and accepts no responsibility for it.

You can disable cookies at any time, free of charge, using the available browser or website options. This may reduce or prevent access to some services.

9.1 Cookies

A cookie is a small information file sent to a user's browser and stored on a device such as a computer or smartphone. It may include domain, Internet-provider, operating-system and visit date and time information. Cookies do not damage the device.

The operator may process visit information, including viewed pages and searches, to improve content and navigation.

Users can configure their browsers to accept or reject cookies systematically, by provider or case by case before storage. Some browser or website features may then be unavailable.

Refusing or deleting cookies can limit navigation and the website experience. Limitations may also arise if the operator or a provider cannot recognize the browser, language, display settings or connection country for technical compatibility.

The operator is not responsible for degraded functionality resulting from refusal of cookies or inability to store or read necessary cookies because of user choices. Each browser has different controls, described in its help menu. Users can change their cookie preferences at any time. External providers may assist with collecting and processing the information described here.

Social networks such as X, Facebook and LinkedIn may place cookies when their icons are used and the user has given the relevant consent. Users may withdraw that consent.

9.2 Internet tags

The operator may use Internet tags, also known as action tags, single-pixel GIFs, clear GIFs or web beacons, through a web-analytics partner that may be abroad and may store information including IP addresses there.

Tags may appear in online advertisements and website pages. They help assess visitor responses, advertising effectiveness, page openings, consulted information and website use.

The provider may collect information about visitors to this and other websites, prepare activity reports for the operator and supply other services relating to website and Internet use.

10. Governing law and jurisdiction

Disputes relating to website use are governed by French law. Except where prohibited by law, jurisdiction is assigned to the competent courts of Paris.