LEGAL NOTICE AND TERMS AND CONDITIONS OF WEBSITE USE

 

Sagarmatha reserves the right, at any time, to amend, complete or delete, and more generally update all or part of these terms and conditions of use. Sagarmatha will inform each Website visitor (the “User”) of the amendments made to these terms and conditions of use.

If the User does not comply with these terms and conditions of use and Sagarmatha does not take immediate measures against them, this does not in any way imply that Sagarmatha waives its rights to act subsequently.

Legal notice

Website publisher

SAGARMATHA SAS

9-11, Chemin des Petites Brosses

69300 Caluire et Cuire

Telephone: +33 (0) 1 41 34 18 20

+33 (0) 4 72 98 26 20

VAT Number: FR 81383723681

Sagarmatha is a simplified joint stock company (Société par Actions Simplifiée) with a capital of 57,888 EUR, registered in the Lyon Trade and Companies Register under number 383 723 681.

Director of publications

Alban Hugonnet – Managing Director

Site hosting

This site is hosted by Yellow Cactus, 10 bis rue du Bel Air, 92310 Sèvres.

Terms and conditions of use

The User acknowledges having read these terms and conditions of use and undertakes to comply with them.

The Website User acknowledges having the necessary skills and resources to access and use the said Website.

The User of the Website https://www.sagarmatha.fr/ acknowledges having checked that the IT configuration used does not contain any viruses and that it is working perfectly.

Sagarmatha will do everything possible to offer users information and/or tools that are available and verified, but is not liable for any errors or any lack of availability of information and/or presence of viruses on its Website.

The information provided by the Website operator is for information purposes only and does not exempt the user from additional personalised analysis.

The User must not use the Website or its content for any unlawful purpose or any purpose prohibited by these terms and conditions of use, or encourage any illegal activity or any other activity that might harm the rights of Sagarmatha or a third party.

The User is not authorised to use the devices, programs, algorithms or other automatic methods to access, acquire, copy or monitor any part of the Website, nor to reproduce or bypass the navigational structure or Website presentation to procure data, documents or information. The User may only extract and/or reuse the data, documents or information on the Website if they have been expressly authorised to do so.

The User must not try to access any section or function of the Website unlawfully, nor any other system or network connected to the Website, nor the services offered on the Website, by computer piracy or any other unlawful method.

The User must not try to analyse or test the vulnerability of the Website or any network connected to the Website, or breach the security and authentication measures put in place on the Website or the networks connected to the Website. The User is not authorised to investigate or track information on other Users or Sagarmatha’s clients, in particular any User account of which it is not the holder or the source, nor to use the Website or the services or information provided via the Website, in any way whatsoever, for the purposes of revealing this information, in particular personal identification information or information other than their own information, as it appears on the Website.

The User undertakes not to take any measure that would place an excessive or unreasonable load on the infrastructure of the Website or Sagarmatha’s systems or networks, or any system or network connected to the Website or to Sagarmatha.

The User undertakes not to use any device or software to interfere or try to interfere with the correct function of the Website or any transaction conducted on the Website or the use of the Website by any other person.

The User must not try to forge the headers or manipulate the logins in any way whatsoever to disguise the origin of a message or transmission sent to Sagarmatha via the Website, or a service offered via the Website. The User must not claim to be or represent anyone else, nor pretend to be another natural person or legal entity.

Sagarmatha reserves the right, at any time, to modify or interrupt use of this Website temporarily or permanently and shall not be held liable for these changes, suspensions or interruptions. Sagarmatha is also released of all liability for any malfunctions or interruptions when using the Website, due to a power failure, fault on the telephone and/or Internet lines, or any harmful event beyond its control.

Technical information

Sagarmatha shall not be liable for any elements beyond its control and any ensuing damage suffered by the User’s technical environment, in particular their computers, software, network equipment or any other equipment used for accessing the Website and/or the information contained on the Website.

Transmissions via the Internet are never totally confidential and safe and each user is responsible for taking the appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.

The User undertakes to compensate and release Sagarmatha from any liability in relation to any loss or claim following actions brought by third parties due, or in relation to, their use of the Website.

Lack of guarantee

Sagarmatha will endeavour to keep the Website up to date. However, Sagarmatha cannot guarantee the accuracy or exhaustiveness of the information provided, of any kind.

Consequently, and within the limits authorised by the applicable law, Sagarmatha is released of all liability for any indirect damage, regardless of the cause, origin, nature or consequences, that might arise from a visit to the Website or related thereto, in particular but not limited to any loss of profits, interruption of business, loss of software or data.

Hyperlinks

The creation of hyperlinks to the Website is subject to prior, express agreement from Sagarmatha.

The Website may contain hyperlinks to other websites. The existence of a hyperlink between the Website and a third party site does not in any way mean that Sagarmatha approves the content of this website or the usage that might be made of it, and shall not be held liable for it under any circumstances. The User visits the other sites at their own risk and responsibility.

Sagarmatha shall not be liable for access by users to the hyperlinks put in place on the Website that lead to other resources present on the Internet.

You are reminded that delays, omissions and inaccuracies are likely to occur as a result of the electronic transmission system.

Copyright – Intellectual Property

All the elements of the Website, taken individually or in their entirety, are covered by the applicable legislation on intellectual property, copyright and trademark law, with regard to the form (tree structure, arrangement of data, design, user-friendliness, etc.) and content (trademarks, texts, images, illustrations, music, sound, etc.). These elements are the exclusive property of Sagarmatha or are licensed to Sagarmatha, which is the sole authorised user.

Any reproduction, representation or dissemination, in full or in part, of the pages, data and any other element of the Website, by any process or medium whatsoever, and their alteration, is prohibited, unless previously authorised in writing by Sagarmatha, and constitutes an infringement punishable by Articles L.335-2 et seq. of the French Intellectual Property Code.

The same applies to databases that, where applicable, are on the Website https://www.sagarmatha.fr/, which are protected by the provisions of the Law of 1July 1998 concerning transposition into the French Intellectual Property Code of the European Directive of 11 March 1996 on legal protection of databases.

The trademarks belonging to Sagarmatha and its partners and the logos appearing on the Website are semi-figurative trademarks or not, and are registered. Any total or partial reproduction of these trademarks or these logos using the elements on the Website without the express authorisation of the Website operator is therefore prohibited, pursuant to Article L.713-2 of the French Intellectual Property Code.

Users are informed that Sagarmatha is not responsible for any relationship that might arise between a partner and an end client.

Cookies

Cookies are used on the Website to enable continuous improvement of the Website and to meet Users’ expectations as best as possible.

All the information on the nature of these cookies and how to deactivate them is available on the Cookie Management Policy page (hyperlink to this page).

COOKIE MANAGEMENT POLICY

Information on cookies

What is a cookie?

Cookies are data stored on the Internet user’s computer terminal, used to send information to the Internet user’s browser, enabling this browser to send information to the original website (for example a session login, choice of language or date).

Cookies are small text files that are installed on your computer or device when you visit our Website. They are mostly used to enable the Website to function, or function more efficiently, but also to provide information to Website owners.

Only the issuer of a cookie can read or modify the information contained in it.

The Website you are visiting uses trackers (cookies). The site is therefore likely to access information already stored on your electronic communications terminal and to record information there. Cookies enable, for the period of validity of the cookie concerned, retention of status information when a browser accesses the different pages of a website or when the browser comes back to this website later.

Why do we use cookies?

We use cookies to facilitate your use of the Website and to adapt it and our products to your interests and needs (such as language or country). Cookies can be used to accelerate your future activities and experience on our Website. Our cookies enable us to generate anonymous and aggregated statistics that help us understand how users use our Website and help us improve its structure and content.

We do not retain any information that will identify you personally in our cookie data relating to you. We only save a unique session login that will help us identify a user profile and your preferences the next time you visit.

We do not store sensitive personal information in the cookies we use.

Who uses the data stored in the cookies?

The information stored in the cookies from our site is only used by us, with the exception of cookies called “third party cookies”, which are used and managed by external entities to provide services to us that we have requested, in order to improve our services and the user’s browsing experience.

“Third party cookies” are essentially used to give us access statistics.

What types of cookie do we use?

The cookies used by the Website fall into two categories:

  • cookies that are strictly necessary, which do not require your prior consent;
  • cookies subject to your prior consent, used for audience measurement;
  • social media sharing cookies;

1 – Cookies exempt from prior consent

We use cookies to enable and facilitate your browsing experience on the Website to:

  • save your browsing preferences such as your language, font size, page presentation or favourite colours;
  • enable you to browse our site more quickly and easily.

These cookies cannot technically be deactivated from the site. You can however object to use of these cookies by configuring your browser. The configuration depends on the browser you use, but it’s generally easy to do: in principle you can either activate a private browser function or prohibit or restrict cookies.

It may be that cookies have been saved on your device before configuring your browser: in this case, delete your browsing history, using your browser configuration.

2 – Cookies subject to your prior consent

The Website uses cookies under our control and others placed under the control of third parties, which are subject to your prior consent.

We use these cookies for:

  • Collecting analytical information to count the number of visitors to our site and identify the pages on our sites you visit most often. We use the analysis data we collect for marketing and resource planning purposes,
  • and for determining whether our clients and visitors can easily adapt to the changes we make to our Website.

Types of cookies

Session cookies Cookies of this type are temporarily stored on your computer or your device during a browsing session. They are deleted from your computer or device at the end of the browsing session.

Permanent cookies Cookies of this type stay on your computer for a long time. Permanent cookies help us recognise you when we need to identify you for more than one browsing session.

Analytical cookies These help us analyse what is happening on our site so that we can improve performance and the way we present our content to you. They measure your browsing (pages consulted most often, exit pages from our site, length of visit, etc.). The data stored by these cookies can be seen only by the teams working on the Website, but no confidential information is saved.

Sharing cookies (social media)

Our site contains links to Facebook, Twitter and other similar social media, which shares the content from our site with other people. When you use these sharing buttons, a third party cookie is installed. If you are connected to social media when browsing on our site, the sharing buttons connect the content consulted to your user account.

Cookie management

The menu on most browsers contains options for you to manage your cookies by adjusting or configuring your cookie settings. Most browsers are configured by default and accept cookies.

Generally, the browser offers you the possibility of:

  • displaying your cookies;
  • authorising cookies;
  • deactivating all cookies, or only specific cookies;
  • deactivating all cookies when you close your browser;
  • blocking cookies;
  • being informed when you receive a cookie.
  • You can also regularly delete cookies from your terminal via your browser.

Please note that if you choose to block our cookies, some of the functionalities on our Websites will be deactivated (in particular services such as shopping basket, management or customisation of orders) and your browsing might also be affected, for which we cannot be held liable.

If you configure the options on your browser to delete all cookies, your browsing preferences will be deleted when you close your browser.

If you object to the installation or use of a cookie, a refusal cookie is installed on your terminal. Therefore, if you delete this refusal cookie, it will no longer be possible to identify you as having refused the use of cookies. In the same way, when you consent to installation of cookies, a consent cookie is installed. If you want to continue benefiting from this choice, you should leave these cookies installed on your terminal.

Configuring cookies from different browsers: simply go to the help menu on your browser to find out how to change your cookie preferences.

For Internet Explorer™:http://windows.microsoft.com/fr-fr/internet-explorer/delete-manage-cookies#ie=ie-11

For Safari™: https://support.apple.com/fr-fr/HT201265

For Chrome™:https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en

For Firefox™:https://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies

For Opera™:http://help.opera.com/Windows/10.20/fr/cookies.html

Additional information on cookies

To find out more about cookies, please consult the CNIL website: http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/

PERSONAL DATA PROCESSING POLICY

The collection and processing of “Personal Data” (as defined by the texts referred to hereafter) from the Website https://www.sagarmatha.fr/ or in the context of our business relationships, is carried out according to the General Data Protection Regulation (GDPR) and the French Data Protection Act (Informatique et Libertés).

Pursuant to these texts, the “data controller” for Personal Data belonging to users of the Website https://www.sagarmatha.fr/ is: SAGARMATHA (see legal notice).

For any questions or to exercise your Data Protection rights over the processing of your personal data by SAGARMATHA, you can write to us:

  • By email to the following address:

contact-paris@sagarmatha.fr

  • by mail to the following address:

Sagarmatha

23-25, rue Notre-Dame des Victoires 75002 Paris

Proof of identity may be requested.

– Personal data collected

Data you send to Sagarmatha

Sagarmatha collects Personal Data from Internet users who wish to:

  • find out more about our activities (via the contact form);
  • receive our news (newsletter);
  • apply for job offers placed on the Website.

which involves the processing of Personal Data as shown in the summary table hereafter.

Sagarmatha also collects Personal Data in the context of its business, outside the Website:

  • from its client contacts;
  • from its partners, suppliers and other professional contacts;
  • from contacts that it identifies for future collaboration (prospects, partners, suppliers, others, etc.).

Data collected automatically from the Website

Some personal data is collected automatically if it is:

  • The IP address of your computer;
  • Information about your computer, your login method, such as the type and version of your Internet browser, your operating system, the OS of your mobile or tablet, and the Unique Device Identifier (“UDID”) and other technical identifiers;
  • The URL address of your logins, including the date and time, and the content you access about the Product or Service;

We can use and communicate this data to personalise the content you receive via our newsletter and contact you if you download one of our documents via one of our forms. We also inform you that we may use the data collected automatically in an aggregated way for various purposes, provided that the said data does not identify you personally: this aggregated data will not be considered as personal data.

– Use of Personal Data

  • a) Purposes of collection and processing of Personal Data

Users’ Personal Data is collected and processed according to the purposes shown in the table hereafter.

Any use of Personal Data for any purpose other than those listed in the summary and depending on the case – based on your consent, to perform a contract, to perform legal obligations that are within our legitimate interest – will require your prior, express consent.

  • b) Length of storage of your Personal Data

Sagarmatha retains Personal Data only for the period required for processing, according to the purposes specified in the table hereafter. When your data is collected based on your consent, we will use it until you withdraw your consent. Once your consent is withdrawn, your data will be retained for the minimum time needed to fulfil the technical measures required to delete it.

After the respective periods, your Personal Data will be deactivated from our active databases.

– Sharing information

Access to personal data

The following people may have access to the personal data collected, within the limit of their respective tasks:

  • persons responsible for marketing and sales services, administrative services, IT services and their line managers;
  • sub-contractors, as part of a sub-contracting agreement including obligations of confidentiality and security.

Sharing of personal data and international transfers

Sagarmatha is a communications group whose commercial processes, administrative structures and technical systems cross national and European borders. The Personal Data collected may therefore be consulted and used outside the European Union, within Sagarmatha, in compliance with the rules applicable to Sagarmatha on confidentiality and security.

The Personal Data collected is used by Sagarmatha and its subsidiaries and will not in any circumstances be transferred or sold to third parties outside the group without your prior express consent.

Communication for legal reasons

The Personal Data may be disclosed to a third party if Sagarmatha is required to do so by the law, a regulatory provision or court order, or if this disclosure is necessary for the purposes of an investigation or legal proceedings, in the national territory or abroad.

The Personal Data may be disclosed to companies, lawyers or third persons so that Sagarmatha can defend itself against any attack on its rights, property or security.

Security of Personal Data

The security measures are put in place to protect the Personal Data against any access and any disclosure, modification, damage or destruction that is unauthorised. If a security fault is detected, the necessary action will be taken.

The Personal Data is stored on servers located in the European Union.

Rights

The persons concerned by the Personal Data collected have the following rights:

  • a right of access (to know which data Sagarmatha holds);
  • a right of rectification (to update or correct their data);
  • a right of erasure of the Personal Data;
  • a right to object to the collection and processing of all or part of the Data.

These rights mean that you can change your notification preferences at any time, by accepting or refusing the use of your Personal Data for marketing purposes.

To find out more about your rights, please consult the CNIL website.

Summary of processing of Personal Data collected on the Website

 

Case of collection Data collected Purposes
1 Finding out more about our activities (via the contact form) last name, first name, telephone number, e-mail and postal addresses Providing and managing our services;

Marketing purposes

2 Receiving our news (newsletter); E-mail address Providing and managing our services;

Marketing purposes

3 applying for job offers placed on the Website or sending an on-spec application last name, first name, telephone number, e-mail and postal addresses, CV, cover letter Managing your applications

 

4 client or supplier contacts Last name, first name, e-mail address, Professional occupation, Country, Language Providing and managing our services and performing a contract

Sending commercial information

Invitation to events

Marketing purposes

5 Seeking collaboration

 

 

Last name, first name, e-mail address, Professional occupation, Country, Language

 

Sending commercial information

Invitation to events

Marketing purposes

 

CHANGES AND UPDATES

Please note that this Personal Data Processing Policy is subject to change. We therefore invite you to regularly consult the latest online version and we will inform you of these changes via the Website or by other methods of communication.