Definitions

Customer: any professional or natural person with legal capacity, or legal entity, who uses the application covered by these terms and conditions.
Services: the Domintell Pilot application made available to customers.

Content: All the elements making up the Domintell Pilot application, in particular text - images - videos.

Customer information: Hereinafter referred to as "Information(s)" which correspond to all personal data that may be held by Domintell SA for the management of your account, customer relationship management and for marketing analysis and statistical purposes.

User: Domintell Pilot application user, using the above-mentioned application.

Personal information: "Information which allows, in any form, directly or indirectly, the identification of the natural persons to whom it applies".

The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the EU General Data Protection Regulation (GDPR: No. 2016-679)

  1. Introducing Domintell Pilot

By virtue of article 6 of law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the Domintell Pilot application are informed of the identity of the various parties involved in its creation and follow-up:

Owner: SA DOMINTELL Share capital: 792570,96€ VAT number: BE0429942701 - rue de la Maîtrise 9 1400 Nivelles
Publication manager: DOMINTELL SA - info@domintell.com
The publication manager is a natural or legal person.
Webmaster: Nicolas Vryghem - info@domintell.com
Host: ovh - 2 rue Kellermann 59100 Roubaix +33 9 72 10 10 07
Data protection officer: Thomas Houlette - info@domintell.com

  1. General terms and conditions of use of the application and the services offered.

The application constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Client may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the application.

Use of the Domintell Pilot application 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 Domintell Pilot application are therefore advised to consult them regularly.

This application is normally accessible to users at all times. However, Domintell SA may decide to interrupt the application 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://www.domintell.com/ website is regularly updated by Domintell SA. Similarly, the legal notices may be modified at any time: they are nonetheless binding on the user, who is invited to refer to them as often as possible in order to review them.

  1. Description of the services provided.

The purpose of the Domintell Pilot application is to provide a service for monitoring people's well-being. Domintell SA endeavors to provide as accurate information as possible on the https://www.domintell.com/ website. However, it cannot be held responsible for any omissions, inaccuracies or failure to update information, whether due to its own fault or to the fault of third-party partners supplying such information.

All information on the https://www.domintell.com/ website is provided for information purposes only, and is subject to change. Furthermore, the information on the https://www.domintell.com/ website is not exhaustive. It is subject to modifications having been made since it was put online. The same applies to the Domintell Pilot application .

  1. Contractual limitations on technical data.

The Domintell Pilot application uses React Native technology. The application cannot be held responsible for any material damage arising from its use. In addition, the user of the application undertakes to access it using recent, virus-free equipment with an up-to-date device. TheDomintell Pilotapplication and its service are hosted by a service provider on European Union territory in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)

The objective 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 period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures or if the Services generate traffic deemed abnormal.

Domintell SA and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines and computer or telephone equipment, particularly due to network congestion preventing access to the server.

  1. Intellectual property and counterfeiting.

Domintell SA is the owner of the intellectual property rights and holds the rights of use on all the elements accessible in the application, 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, by whatever means or process, is forbidden, except with the prior written authorization of Domintell SA.

Any unauthorised use of the application 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 the Intellectual Property Code.

  1. Limitations of liability.

Domintell SA acts as publisher of the application. Domintell SA is responsible for the quality and accuracy of the content it contains.

Domintell SA cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing theDomintell Pilot application , 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.

Domintell SA cannot be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of theDomintell Pilot application . Interactive areas (possibility to ask questions in the contact area of the linked site, or to leave comments/opinions) are available to users. Domintell SA reserves the right to delete, without prior notice, any content posted in this area that contravenes legislation applicable in the European Union, in particular provisions relating to data protection. Where applicable, Domintell SA 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.).

  1. Personal data management.

The Customer is informed of the regulations regarding marketing communication, the EU law of the General Data Protection Regulation (GDPR: No. 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 Domintell account and browsing the application, the person responsible for processing Personal Data is: DOMINTELL SA. Domintell SA is represented by Nicolas Vryghem, its legal representative.

As the party responsible for processing the data it collects, Domintell SA 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 with complete information on the processing of their personal data, once their consent has been obtained, and to maintain an accurate data processing register. Whenever the Domintell Pilot application processes Personal Data, Domintell SA takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which Domintell SA processes it.

7.2 Purpose of the data collected

The Domintell Pilot application may process some or all of the following data:

  • to enable use of the application and the management and traceability of services ordered by the user: connection and Cloud service usage data, invoicing, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password (hashed)
  • to improve navigation in the application: connection and usage data
  • to conduct optional satisfaction surveys on the Domintell Pilot application : e-mail address
  • to carry out communication campaigns (sms, email): telephone number, email address

Domintell SA 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 the Domintell Pilot application have the following rights:

  • right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users' data right of blocking or deletion of Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or conservation is prohibited
  • right to withdraw consent at any time (Article 13-2c GDPR)
  • right to limit the processing of Users' data (Article 18 GDPR)
  • right to object to the processing of Users' data (Article 21 RGPD)
  • the right to portability of data provided by Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 RGPD)
  • the right to define what happens to Users' data after their death, and to choose to whom Domintell SA should communicate their data (or not) to a third party that they have previously designated

As soon as Domintell SA becomes aware of a User's death, and in the absence of any instructions from the User, Domintell SA undertakes to destroy the User's data, unless its retention is necessary for evidential purposes or to comply with a legal obligation.

If the User wishes to know how the Domintell Pilot application uses his/her Personal Data, asks to rectify them or objects to their processing, the User may contact Domintell SA in writing at the following address:

DOMINTELL - DPO, Thomas Houlette
rue de la Maîtrise 9 1400 Nivelles.

Or by email to the following address

info@domintell.com

In this case, the User must indicate the Personal Data that he/she would like Domintell SA 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 Domintell SA by law, in particular as regards the retention or archiving of documents. Finally, Users of the Domintell Pilot application may lodge a complaint with the supervisory authorities.

7.4 Non-disclosure of personal data

Domintell SA refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as "non-adequate" by the European Commission without informing the customer in advance. However, Domintell SA 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).

Domintell SA 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 Domintell SA becomes aware of an incident affecting the integrity or confidentiality of the Customer's Information, it must inform the Customer as soon as possible, and inform him of the corrective measures taken. The Domintell Pilot application does not collect any "sensitive data".

The User's Personal Data may be processed by subsidiaries of Domintell SA and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes described above, the main people likely to have access to the data of Users of the Domintell Pilot application are our customer service agents.

7.5 Types of data collected

With regard to users of the Domintell Pilot application , we collect the following data, which is essential for the operation of the service, and which will be kept for a maximum period of 59 months after the end of the contractual relationship:

Last name, first name, postal address, telephone number, e-mail address

The Domintell Pilot application also collects information to improve the user experience and provide contextualized advice: Language settings

This data is kept for a maximum period of 59 months after the end of the contractual relationship.

  1. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Domintell SA cannot therefore guarantee absolute security. If Domintell SA becomes aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. Domintell SA is committed to fully informing its customers of all matters relating to the security of their account and to providing them with all the necessary information to help them meet their own regulatory reporting obligations.

No personal information concerning the user of the Domintell Pilot application is published without the user's knowledge, nor is it exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of Domintell SA and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the Domintell Pilot application .

Safety

To ensure the security and confidentiality of Personal Data and Personal Health Data, Domintell SA uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, Domintell SA takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

  1. Hypertext links, cookies and internet tags

The Domintell Pilot application may contain a number of hypertext links to other sites, set up with the authorization of Domintell SA. However, Domintell SA 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 deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that 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 device and stored within 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.

Domintell SA may process information concerning the User's use of the application, such as pages consulted and searches performed. This information enables Domintell SA to improve the content of the application and the User's browsing experience.

As Cookies facilitate browsing and/or the provision of services offered by the application, the User may configure his or her device to allow him or her 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 according to their sender. The User may also configure his/her browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his/her terminal. TheDomintell Pilotapplication informs the User that, in this case, the functionalities of his/her browser may not be fully available.

If the User refuses to allow Cookies to be stored on his/her terminal or device, or if the User deletes Cookies stored on his/her terminal or device, the User is informed that his/her browsing and experience on the application may be limited. This may also be the case when Domintell SA or one of its service providers cannot recognize, for technical compatibility purposes, the type of device 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, Domintell SA declines all responsibility for the consequences linked to the degraded operation of the application and any services offered by Domintell SA, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Domintell SA to record or consult the Cookies necessary for their operation due to the User's choice. To manage Cookies and the User's choices, the configuration of each browser is different. It 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. Domintell SA may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Instagram appearing on the site linked to the Domintell Pilot application, and if the User has accepted the deposit of cookies by continuing to browse the application or site https://www.domintell.com/, Twitter, Facebook, Linkedin and Instagram 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://www.domintell.com/ website or mobile application. At any time, however, the User may withdraw his or her consent for the Domintell Pilot application to deposit this type of cookie.

Article 9.2. INTERNET TAGS

The Domintell Pilot application and its https://www.domintell.com/ website 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 through a web analytics partner that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.

These beacons are placed both in the online advertisements enabling users to access theDomintell Pilot application , and on its various pages.

This technology enables Domintell SA to evaluate visitors' responses to the application or 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 use of this application by the User.

The external service provider may collect information on visitors to the Site and other Internet sites using these tags, compile reports on Site activity for Domintell SA, and provide other services relating to the use of the Site and the Internet.

  1. Applicable law and jurisdiction.

Any dispute arising in connection with the use of theDomintell Pilot application is subject to Belgian law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Brabant Wallon.

  1. Online shopping and right of withdrawal

The online buyer has 14 calendar days from receipt of the order (if the order is for a product) or conclusion of the order (if the order is for a service).

Within this period, the buyer must inform Domintell SA in writing that he wishes to cancel his purchase: by e-mail via info@domintell.com, by registered mail to Domintell SA - Rue de la Maîtrise, 9 - 1400 Nivelles or via the contact form. There is no obligation to state the reasons for the cancellation.