TERMS OF SERVICE

DIETBON SITE
Maigrir avec le regime DietBon

July 2018

For the purposes of these terms and conditions, the following capitalized terms are defined as follows:

  • « Terms or Conditions of Use »: designate the terms and conditions of access and use of the Dietbon site published by K-SANTE SAS and accessible from the following address: https: //www.dietbon.com/en/.
  • « User account »: means a reserved area for the user accessible after registration on the SITE via a confidential identifier and password, and allowing them to access certain Content / Services on the SITE.
  • « Content »: designate, without this list being exhaustive, the structure of the SITE, the editorial content, the texts, headings, drawings, illustrations, photos, images, sounds and any other content present on the SITE and / or any other element composing the SITE.
  • «K-SANTE SAS» : refers to the company K-SANTE, a simplified joint-stock company with a share capital of 210 400 Euros (RCS Nanterre No. B 514 024 744) whose registered office is located at 129 Avenue Charles de Gaulle - 92200 Neuilly sur Seine and which operates the Service (s) mentioned below.
  • « SITE» : means the online public communication service published by K-SANTE SAS and located at the URL address mentioned above and / or any other address that may be added to or substituted for it.
  • « Services » : means the services accessible on and / or from the SITE and operated by K-SANTE under its sole responsibility.


PLEASE READ THESE INSTRUCTIONS CAREFULLY AND KEEP A COPY :

1. PURPOSE / EXTENT OF THE GENERAL CONDITIONS OF USE OF THE SITE

1.1 ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

These Terms are intended to set the terms of use of the SITE and Content offered on the SITE. The use of the SITE implies on your part a total and unconditional acceptance of all these Terms. If you do not accept these Terms, please do not access the SITE and / or do not use the SITE.

1.1 EVOLUTION OF THE GENERAL CONDITIONS OF USE

The applicable terms and conditions are those in force when connecting and using the SITE by you (hereinafter "the User"). However the TOS can evolve freely at any time to adapt to the evolution of the SITE and / or its exploitation. These modifications are highlighted for the attention of the Users through being placed online with an updated notice to the User. They are deemed accepted without reservation by any User who accesses the SITE after the posting.
Any new SITE incorporating new techniques or new features will also be subject to these Terms, unless expressly provided otherwise.

2. DESCRIPTION AND USE OF THE SITE

The Services offered by the SITE consist of the provision of customized programs for weight control (including the delivery of foodstuffs) which are readily accessible by the User.

3. USER INSCRIPTION CONDITIONS

  • Inscription
    The inscription process controls the access to the services When you sign up you will be asked to provide personal information (including name, surname, email address, etc.) which will then identify you and facilitate your access to the Service.
  • Protection of minors and adults under legal protection
    SITE and Services are not suitable for minors and protected adults. No minor or adult under legal protection regime has the right to use and / or access the WEBSITE and the Services, even with the authorization of their parents (or the holders of parental authority) or the representative. concerning them. The use of the Service is exclusively reserved for adults with full legal capacity: no protected minor or adult can create or use a User Account.Any access to the SITE and the Services, or any use of the User Account by a minor or a protected major, does not engage any responsibility on behalf of DIETBON
  • Obligations borne by the User at the time of registration
    When you complete the inscription form, you agree to complete the form correctly, which includes providing accurate, up-to-date and complete information. In particular, you agree not to use a pseudonym in your email address that could infringe the rights of third parties (including use of the surname, pseudonym, trademarks, or works protected by the right of author and / or neighboring right) for whatever reason and on whatever basis.
    The SITE confirms, by e-mail, the acceptance of your registration to the e-mail address that you have communicated.The WEBSITE can not be held responsible if the data relating to the registration of a User does not reach him for any reason which he can not be held responsible (for example, a problem of connection to the Internet by the User, a momentary failure of their servers, etc.) or for any User hardware issues which make it impossible to proceed(for example if the User possesses a computer hardware or an inadequate software environment for his inscription).
  • User rights
    For more information on the SITE's privacy practices, please see section 5. PERSONAL DATA information .

4. ACTIVATION - ACCESS CODES

Once you have inscribed, you will be asked to select and enter personal and confidential access codes to identify yourself and to enable a faster connection when you use the Services.You acknowledge that you have full responsibility for maintaining the confidentiality of these access codes.In case of fraudulent use of your password, you agree to immediately inform K-SANTE SAS of the unauthorized use of your account.You are solely responsible for the use of your User Account, any connection or data transmission made using any Service will be deemed to have been made by you and under your sole responsibility. It is also stated that you are wholly and exclusively responsible for the use of the SITE by yourself and any third party whatsoever.

5. PERSONAL DATA

WHAT DATA IS COLLECTED COLLECTED ABOUT YOU AND HOW IS IT USED?

> The Personal Data we collect

Personal Data is information that identifies you or may be used to identify you or contact you ("Personal Data"). This Personal Data may include your name, mailing address or email, phone number, date of birth (primarily for eligibility purposes) and billing information. Personal Data may also include health related data, such as your weight history or your assessment data.

We collect Personal Data from you when you use our Website as described in more detail in the TOS. In all such cases, we will only process Personal Data that you provide to us directly or that we collect automatically from you, as specified in the TOS. Unless otherwise defined on this page or unless you agree otherwise, we will not use or share your Personal Data other than as set forth in the TOU.

> How we collect and use your Personal Data

In the next section, you will find information about how we collect your Personal Data, the purposes for which we process it, and the legal basis which we rely on to do so. The legal basis on which we base your data is to serve our legitimate interests. You may contact us using the contact details below if you need additional information about our legitimate interests. We rely on your consent as the legal basis for the processing of your Personal Data, you have the right to revoke your consent at any time with effect from receipt of your request as described below or by contacting us via the contact details below. This will not affect the processing of your Personal Data until it is revoked. This also applies if we rely on your consent or our legitimate interests in other parts of the TOS.

  • If you use our online services in the customer area or if you access dietary consultations

    We collect information, some of which contains Personal Data, which you provide directly to us when you choose to use our Services on the Customer Area such as the "Weight Evolution" tool or the "Assessment" or access to "dietary consultations". We also collect data that you voluntarily provide us through responses to particular Online Services such as surveys, questionnaires, self-assessment tests, competitions and similar initiatives. We use this data to personalize our Online Products and to optimize your customer experience when you use our Website.

    In addition, we automatically collect information, including Personal Data, when you browse our Website or when you use our Online Products, such as your IP address, browser type, operating system, error logs and other similar information. This aggregated information does not allow us to identify you and we use it to analyze trends, to manage the Website and to collect general information regarding its use.

    The legal basis for processing of your Personal Data is our legitimate interests (RGPD Art 6 (1) (f)) to personalize the content of our services in accordance with the user's preferences and to further improve our Online services.

    Some of our Online Products require the processing of health related data, such as information about your weight history. We will only process this data with your prior consent, in accordance with Art. 9 (2) (a) of the GDPR, except where permitted or required by applicable law.

    Please note that you are not legally obliged to provide us with your Personal Data. However, without your Personal Data, we will not be able to provide you with the full range of our Products online.

  • If you buy from our online store

    If you place an order on our online site, you will be asked to provide your name, your mailing address, your billing address, your payment details, your email address and your telephone number.

    We will use your name and e-mail address to send you an order confirmation by e-mail and a shipping confirmation e-mail. We will also use your payment information to process the payment as part of the order and your mailing address and other contact information to send you your order. This processing of your Personal Data is necessary to process and deliver your order to you; the legal basis for this processing of your Personal Data is therefore Art. 6 (1) (b) of the GDPR. Please note that you are contractually obliged to provide us with such Personal Data and that without this we will not be able to send you communications related to your orders, or fulfill your order.

  • If we send you news about services

    We use your Personal Data to send you important announcements and news on our Website or Products online or, if you are a subscriber, on the status of your billing account. When you subscribe to or order our Products online, we send you a welcome email to provide you with transactional information about your order or subscription or to verify your username and password. These service announcements and news contain important information about your use of our Website and / or our Online Products.

    The processing of your Personal Data for these purposes is necessary for the performance of our services. The legal basis for this processing of your Personal Data is therefore Art. 6 (1) (b) of the GDPR. Please note that you are contractually obliged to provide us with such Personal Data and that without them we will not be able to send you any service related communications.

  • If you contact our customer service

    If you contact our customer service, we will contact you to respond to your inquiries, provide the services you request, and manage your subscription. We will contact you by e-mail or phone, depending on your preferences.

    This processing of your Personal Data is necessary for the performance of our services; the legal basis for this processing of your Personal Data is therefore Art. 6 (1) (b) of the GDPR. Please note that you are contractually obliged to provide us with such Personal Data and that without them we will not be able to send you customer service related communications.

  • If you subscribe to newsletters and other marketing communications

    When you subscribe to our Products online or elsewhere on our Website, you have the opportunity to give your consent to receive newsletters and other information about our products and services. If you "agree", we will send you promotional newsletters and inform you about offers, events and surveys via e-mail and via our social media platforms. The legal basis for this processing of your data is your consent (Section 6 (1) (a) of the GDPR) or, if you are a current customer (or a current subscriber). ), our legitimate interest (Article 6 (1) (f) of the GDPR) to provide you with relevant marketing information. Please note that you are not legally obliged to provide us with your Personal Data. Nevertheless, without this, we will not be able to send you our newsletters and the other information described above. You have the possibility to unsubscribe from these types of communication at any time by following the instructions contained in the communication in question.


COOKIES

We use cookies and similar technologies such as pixels, tags, web beacons and other identifying elements to help us personalize our Website and Online Products for you, to remember your preferences, to understand how users use our website. Website and our Internet Products and to customize our marketing communication.

A cookie is a small data file containing a sequence of characters that is sent to your computer when you visit a website. When you visit a website again, the cookie allows this site to recognize your browser. The length of time a cookie will remain on your computer or mobile device will depend on whether it is a "persistent" or "session" cookie. Our Website uses both types of cookies. Session cookies will remain on your device only until you stop browsing. Persistent cookies remain on your computer or mobile device until they expire or are removed.

We use the following types of cookies on our Website:

  • The strictly necessary cookies : These cookies are essential for you to use our Website.
  • Performance cookies : These cookies collect information about how you use our Website. We use this data to optimize our Website and make it easier for you to browse the Website and your use of it and to make it easier to use.
  • Functional cookies : These cookies allow our Website to remember the choices you make using our Website and personalize your experience.
  • Third party cookies : Third-party cookies are cookies installed by websites and / or third parties. These cookies are used on our Website to improve our offers or help us to offer more relevant advertising. These cookies are subject to the privacy policies of external service providers who install them on your browser.
  • Analytical Cookies : We use analytics cookies to help us understand how users browse our Website and how they arrived. We are soliciting different site analytics providers like Google Analytics, Hot Jar. These cookies are subject to the respective privacy policies of external service providers and to find out more about your options and how to opt out of these analytical cookies, visit these providers' website for more details

You do not have to accept cookies to use our Website. Although most browsers are initially set to accept cookies, you can reset your browser to notify you when you receive a cookie or to reject cookies in general. Most browsers provide instructions on what to do in the "Help" section of the toolbar. Although you are not required to accept our cookies to access our Website, if you refuse cookies, certain products, offers, features or resources of our Website (including certain Online Products) may not not work properly and you may suffer a loss of convenience.

We use cookies based on our legitimate interests (Article 6 (1) (f) of the RGPD) to optimize our Website and our Internet Products, to personalize your user experience and to offer you advertisements adapted to your centers interest.

Finally, please note that advertisers and other third parties may also use their own cookies when clicking on their ads or on links to their site or service, on or from our Website. These Terms and Conditions do not govern the use by these sites of third parties or third party providers of advertising by third parties.


SOCIAL PLUG-INS AND OTHER THIRD PARTY FUNCTIONALITIES

Our Website contains links to other websites or features from them. These Terms cover only Dietbon's privacy practices and do not cover those of third-party sites or features. We are not responsible for the privacy policies and / or practices of third parties with respect to privacy. When you create a link to another site or use the service of a third party, you must read the TOS of this site or service.

Our Website offers you the opportunity to connect your Dietbon account to third party applications or devices (called "connected object") such as login or account creation via social networks (Facebook and Google) or email sharing via your list of contacts (Google, Yahoo, MSN) or directly via social networks (Google +, Facebook, Twitter) as part of our sponsorship application. Please refer to the third party's privacy policy for more information, including specific data that is collected and shared.


HOW WE SHARE AND DISCLOSE PERSONAL DATA

We will not share, sell, transfer or distribute your Personal Data to third parties, unless required by law in accordance with Art. 6 (1) (c) RGPD, unless it is necessary for the purposes of your contract pursuant to Art. 6 (1) (c) of the RGPD, unless the third party acts as a subcontractor on our behalf in accordance with Art. 28 of the GDPR or if you have given us your express consent in accordance with Art. 6 (1) (a) of the RGPD.

We also use third-party service providers that offer or perform services on our behalf and we share your Personal Data with those service providers to the extent necessary for them to perform their services on our behalf. In particular, we use a direct mail company to send email marketing messages, payment service providers to bill you for goods and services, and for credit card processing, specialized payment collection providers and fraud screening, a shipping company to execute orders, a call center provider to facilitate customer service, social networks and other agencies to manage our advertising campaigns, a service provider for our CRM system and an external provider for hosting our online store. All companies with which we share your Personal Data as described above are located in the European Economic Area.

In order to ensure sufficient protection of your personal data in these cases, we use the standard data protection clauses adopted by the European Commission in accordance with Art. 46 (2) (c) of the RGPD with these companies or in accordance with Art. 45 (1) of the GDPR. You can request additional information by contacting us via the contact information given below.

Any sharing of your Personal Data with other Dietbon entities or with service providers will be done in accordance with the applicable data protection legislation and will be limited to what is necessary. We have carefully selected these companies and we are constantly ensuring that they comply with our instructions. These companies are contractually obliged not to use your Personal Data for purposes other than those described in the TOU. The legal basis on which we rely to share your Personal Data with these companies is Art. 28 (1) of the RGPD or our legitimate interests in soliciting these companies to obtain the services described above (Section 6 (1) (f) of the GDPR).

We may also be required to disclose your personal data to government authorities or law enforcement agencies in response to a legitimate request from a public authority or if we must do so to comply with a legal obligation, including requirements for national security or law enforcement in accordance with Art. 6 (1) (c) RGPD. We may also disclose your information to serve our legitimate interest in enforcing or enforcing our terms and conditions or responding to claims, protecting our rights or the rights of others, protecting the safety of persons or preventing illegal activities (including for purposes of fraud protection and credit risk reduction) in accordance with Art. 6 (1) (f) of the RGPD.

If this is mandatory under current data protection law, we will obtain your prior consent before sharing your Personal Data with other companies. In these cases, the legal basis is Art. 6 (1) (a) of the RGPD.


IS MY PERSONAL DATA USED FOR OTHER PURPOSES?

Unless otherwise specified in the TOS, we will only use Personal Data for the purposes described above or otherwise in which case we will tell you when we request such data. If your Personal Data is processed for purposes other than those described in the TOS or for purposes other than those for which your Personal Data was originally collected, we will provide you with information about these other purposes and any other relevant information as mentioned in the TOS.


WHAT ARE MY RIGHTS ?

  • Right of access (Article 15 of the RGPD):

    You have the right to request information related to the processing of your Personal Data and, where appropriate, to request access to the Personal Data that we hold about you.

  • Right of rectification (Article 16 of the RGPD):

    You have the right to request the correction of Personal Data that is inaccurate.

  • Right of deletion (Article 17 of the RGPD):

    You have the right to request the deletion of Personal Data within a reasonable time in certain circumstances, for example if your Personal Data is no longer necessary for the purpose for which it was collected or if you withdraw the consent on which our treatment is based on Art. 6 (1) (a) of the RGPD and where there is no other legal reason for the treatment.

  • Right to restriction of data processing (Article 18 of the RGPD):

    You have the right to ask us to restrict the processing of your Personal Data in certain circumstances, eg. if you believe that the Personal Data we process about you is incorrect or illegal.

  • Right to data portability (Article 20 of the RGPD):

    In certain circumstances, you have the right to receive your Personal Data that you have provided to us, in a structured, commonly used and machine readable format and you have the right to pass this information to another data controller without hindrance. or ask us to do it.

  • Right of objection (Article 21 of the RGPD):

    You have the right to object to the processing of your Personal Data in certain circumstances, in particular if we treat use it legally for our legitimate interests (Article 6 (1) (f) of the RGPD) or if we use them for marketing purposes.
    You may assert the above rights by contacting us via the contact information provided below.

You already have several of these rights which you can access from your client area.
For any request relating to the exercise of these rights, please contact our customer service info@dietbon.com detailing the nature of your request (information concerned, action (s) desired (s) ...).


RIGHT TO SUBMIT A COMPLAINT BEFORE THE DATA PROTECTION AUTHORITY

You have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State where you have your habitual residence, place of work or place of alleged infringement if you consider that our processing your Personal Data violates the applicable data protection legislation. Please contact us using the contact details below and we will help you find the relevant control authority.


DATA RETENTION

We retain your Personal Data and other information as long as necessary to enable you to use our Website, to provide you with our services, to comply with applicable laws (including those relating to the retention of documents), to resolve disputes with any party and allow us to conduct our business. If you have a question regarding a particular retention period for certain types of Personal Data that we are processing about you, please contact our customer service at this address : contact@dietbon.com.


AUTOMATED INDIVIDUAL DECISION MAKING

We do not use your Personal Data to make decisions whose effects are legal or similar to you solely on the basis of the automated processing of your Personal Data.


WHO SHOULD I CONTACT IF I HAVE ANY QUESTIONS CONCERNING RESPECT FOR PRIVACY?

If you have any questions about our Terms of Use or if you believe that we do not comply with the terms of our Terms of Use or applicable data protection laws, please contact our Data Protection Officer at info@dietbon.com.

6. WARNINGS

The use of the Services available on the SITE and in particular the personalized program is reserved for people in good physical and psychological health. In case of doubt, the User is invited to consult his / her doctor BEFORE registering.
By subscribing to the Services and benefiting from the program, the User declares that he is not concerned by any of the following cases: insulin-dependent diabetes, eating disorders, heart failure, renal failure, subject to ongoing major depression, current pregnancy, breastfeeding, vegetarian, vegan, and confirms with her physician.
The SITE and the Services are not in any case a substitute for a medical consultation in the field of dietetics. Under no circumstances can the information and services offered on the SITE establish a medical diagnosis regarding your weight or your health. The general information and advice provided on the SITE cannot be used in any way to treat illnesses. The Services do not include diagnosis or treatment. They will never replace the consultation of a general practitioner, specialist or any other health professional.
In addition, the recommendations contained on the SITE and the program may not be suitable for people following a specific diet, prescribed by a doctor, in the context of a specific pathology (case of patients with diabetes, intolerance gluten or celiac disease, food allergy, some kidney diseases etc.) or pregnancy.

7. LIMITATION OF LIABILITY

In the event that the liability of K-SANTE SAS is incurred as a result of a breach of one of its obligations under these Terms of Use, the remedy will apply only to direct damages, personal and determined, to the express exclusion of the repair of all damages and / or indirect and immaterial damages, such as financial damages, commercial damages, operating losses and turnover, data loss.

8. INTELLECTUAL PROPERTY RIGHTS

All texts, comments, works, illustrations, videos and images used on the pages of the SITE and all contents accessible on the SITE are protected under the law of intellectual property for France and / or for the whole world.In accordance with the provisions of the Intellectual Property Code, only private use is permitted to the exclusion of any other use.Any other use, except prior authorization of K-SANTE SAS and / or other rights holders, is constitutive of counterfeit and sanctioned under intellectual property.Any total or partial reproduction of all or part of the elements present on the pages of the SITE and the content downloaded on the unauthorized WEBSITE is strictly prohibited.DIETBON is a registered trademark in France. In no way can you use or distribute in any way the DIETBON logo and / or name without the express permission of K-SANTE SAS. Any unauthorized reproduction is liable to infringement.

SITE Content

The content of the SITE is protected by the current legislation on copyright and applicable international conventions.
You are authorized to use the SITE, its Services and its Contents exclusively for personal and non-commercial purposes. Only WEBSITE consultation, the use of the Services and the printing of pages for your personal use are allowed.

9. HYPERTEXT LINKS

The SITE reserves the right to create hypertext links to third party websites or other Internet sources.
Third parties may create hypertext links to the SITE.
The content of the SITE is original. When medical information comes from an external source, it is quoted through a bibliographic list and an HTML link to access this information.
As K-SANTE SAS can not control these sites and external sources, the User acknowledges that K-SANTE SAS can not be held responsible for the provision of these sites and external sources.
K-SANTE SAS can not, therefore, be held responsible for the content, advertising, products, services or any other material available on or from these sites or external sources.
In addition, the User acknowledges that K-SANTE SAS can not be held responsible for any damage or loss proven or alleged, consecutive or in connection with the use or with the fact of having trusted the content, property or services available on or from these external sites or sources.
No responsibility can be held against K-SANTE SAS as to the content of the referenced sites included in the index, or for any error or omission contained on said websites, or for any non-objective, lawful or illegal content broadcast on said websites.
The User acknowledges that he must exercise good judgment and bear all risks associated with his use of the Content and, in particular, when relying on the opportunity, usefulness or completeness of the Content. this Content, whether created by K-SANTE SAS or by third parties accessible from the SITE, through links and in particular by its research services.

10. ACCESSIBILITY OF THE SITE

You expressly acknowledge and agree that:
The accessible content of the SITE is accessed by yourself in sound knowledge and is dependent according to the quality of the Internet. In particular, K-SANTE SAS does not provide any express or implicit guarantee concerning the quality and the compatibility of the SITE with the specific uses that you make of it, and K-SANTE SAS will use its best efforts to maintain the SITE in an operational state.
K-SANTE SAS informs you that it cannot guarantee that the SITE will meet your exact expectations and that it will do its best to ensure that no errors appear during use of the SITE or when viewing the general content of the pages. We do not guarantee that the results and / or information obtained are free from any error or defect.
We inform you that at any time K-SANTE SAS may modify, interrupt temporarily or permanently a Service (s), without having to inform you in advance. K-SANTE SAS makes no commitment to maintain permanent and uninterrupted access to the Services.

11. SITE AVAILABILITY

K-SANTE SAS endeavors to commit to ensuring the SITE is accessible 7 days out of 7 /24 hours a day, but is under no obligation to achieve this. K-SANTE SAS can therefore interrupt access, especially for reasons of maintenance and upgrades. Access may also be interrupted for any other reason, such as technical issues without any obligation of prior warning.K-SANTE SAS is in no way responsible for these interruptions and the consequences that may result for users or third parties. The SITE is not intended to provide assistance or a "hotline".K-SANTE SAS makes no guarantee as to the uninterrupted operation and / or continuity of the SITE in case of force majeure or fortuitous events as defined by the regulations in force. Exceptional weather, natural disasters, fires and floods, lightning, attacks, cases of rupture and blockage of telecommunication networks, damage caused by viruses for which the means of existing security on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these Terms of Use, or any other event of force majeure or fortuitous case within the meaning of the jurisprudence of the Court of Cassation.In addition, K-SANTE SAS can not be held responsible for the lack of performance of the SITE and / or software used or downloaded from the SITE; the loss of data or services resulting from the non-maintenance of deadlines, the modification, the suspension or the interruption of its services; nor consequences arising directly or indirectly from the transmission of viruses through its servers.If using a proxy (especially in a corporate network), it is possible that the connection to the SITE is may not be effective. We therefore advise you to uninstall it. In all instances, K-SANTE SAS does not guarantee access to the SITE.

12. OTHER

If one or more provisions of the TOS are held invalid or declared as such under a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and reach. K-SANTE SAS will replace the clause declared void and invalid by a clause that will come closest to the content of the clause initially canceled.
Given the international dimension of the Internet, K-SANTE SAS reminds you that you must comply with all the mandatory rules and public order applicable in the country where you reside.

13. LAWS AND JURISDICTIONS

These Terms are exclusively governed by French law. Any disagreement or dispute that can not be resolved amicably within sixty (60) working days will be submitted exclusively to the competent courts.