Legal notice

Definitions


Client: any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.

Services: LMS CORPORATION provides Clients with:


Content: All of the elements constituting the information present on the Site, including texts – images – videos.


Client information: Hereinafter referred to as “Information(s)” which corresponds to all personal data likely to be held by LMS CORPORATION for the management of your account, client relationship management, and for analysis and statistics purposes.


User: Internet user connecting to, using the aforementioned site.


Personal Information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of January 6, 1978).


The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)


1. Website presentation.


Pursuant to article 6 of law n° 2004-575 of June 21, 2004 for confidence in the digital economy, users of the heelss.com website are informed of the identity of the various parties involved in its creation and monitoring:


Owner: HEELSS published by LMS CORPORATION - 102 Grande rue 72000 Le Mans - +33 6 69 38 87 21


Siret number: 90775582100028

Publication Manager: Steevens Henry –contact@heelss.com. The publication manager is a legal entity.

Webmaster: Steevens Henry –contact@heelss.com

Data Protection Officer: Steevens Henry –contact@heelss.com


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





2. General conditions of use of the site and the services offered.


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


The use of the heelss.com website implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the heelss.com website are invited to consult them regularly.


This website is normally accessible to users at all times. An interruption for technical maintenance may, however, be decided by LMS CORPORATION, which will then endeavor to communicate to users the dates and times of the intervention beforehand. The heelss.com website is regularly updated by the LMS CORPORATION manager. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to become aware of them.


3. Description of services provided.


The purpose of the heelss.com website is to provide information concerning all of the company's activities. LMS CORPORATION strives to provide information on the heelss.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether these are its own fault or the fault of third-party partners who provide it with this information.


All information indicated on the heelss.com website is provided for informational purposes only, and is subject to change. Furthermore, the information on the heelss.com website is not exhaustive. It is given subject to modifications that may have been made since its online publication.


4. Contractual limitations on technical data.


The site uses JavaScript technology. The Website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses and with an up-to-date, latest generation browser. The heelss.com site is hosted by a service provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679).


The objective is to provide a service that ensures the best accessibility rate. 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 durations, particularly for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services generate traffic considered abnormal.


LMS CORPORATION and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.


5. Intellectual property and counterfeiting.


LMS CORPORATION holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without prior written authorization from: LMS CORPORATION.


Any unauthorized use of the site or any of the elements it contains will be considered as an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.


6. Limitations of liability.


LMS CORPORATION acts as the site editor. LMS CORPORATION is responsible for the quality and veracity of the content it publishes.


LMS CORPORATION cannot be held liable for direct and indirect damages caused to the user's equipment when accessing the heelss.com website, 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 an incompatibility.


LMS CORPORATION cannot also be held liable for indirect damages (such as, for example, a loss of market or loss of opportunity) resulting from the use of the heelss.com site. Interactive spaces (possibility to ask questions in the contact area) are available to users. LMS CORPORATION reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable legislation in France, in particular the provisions relating to data protection. If applicable, LMS CORPORATION also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of racist, insulting, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).


7. Management of personal data.


The Client is informed of the regulations concerning marketing communications, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).


7.1 Data controllers for personal data collection


For Personal Data collected during the creation of the User's personal account and their navigation on the Site, the data controller for Personal Data is: LMS CORPORATION. HEELSS is represented by LMS CORPORATION, its legal representative.


As the controller of the data it collects, LMS CORPORATION undertakes to comply with the framework of the legal provisions in force. It is notably the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, based on the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing activities that is consistent with reality. Whenever LMS CORPORATION processes Personal Data, LMS CORPORATION takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which LMS CORPORATION processes it.


7.2 Purpose of collected data


LMS CORPORATION may process all or part of the data:


  • to enable navigation on the Site and the management and traceability of the services ordered by the user: connection and site usage data, invoicing, order history, etc.

  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)

  • to improve navigation on the Site: connection and usage data

  • to conduct optional satisfaction surveys on heelss.com: email address

  • to conduct communication campaigns (SMS, email): phone number, email address


LMS CORPORATION does not market your personal data, which is therefore only used by necessity or for statistical and analysis purposes.


7.3 Right of access, rectification, and objection


In accordance with current European regulations, heelss.com Users have the following rights:


right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users' data, right to block or erase Users' personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited.


  • right to withdraw consent at any time (Article 13-2c GDPR)

  • right to restriction of processing of User data (Article 18 GDPR)

  • right to object to the processing of User data (Article 21 GDPR)

  • right to data portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)

  • right to define the fate of User data after their death and to choose to whom LMS CORPORATION should communicate (or not) their data to a third party they have previously designated


As soon as LMS CORPORATION becomes aware of the death of a User and in the absence of instructions from them, LMS CORPORATION undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to comply with a legal obligation.


If the User wishes to know how LMS CORPORATION uses their Personal Data, request that it be corrected or objects to its processing, the User may contact heelss.com in writing at the following address:


Steevens Henry
102 Grande rue 72000 Le Mans


In this case, the User must indicate the Personal Data that they would like heelss.com to correct, update or delete, by identifying themselves 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 LMS CORPORATION by law, particularly concerning the retention or archiving of documents. Finally, Users of heelss.com may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).


7.4 Non-disclosure of personal data


LMS CORPORATION refrains from processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as “inadequate” by the European Commission without prior notice to the client. However, LMS CORPORATION remains free to choose its technical and commercial subcontractors, provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).


LMS CORPORATION undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client's Information is brought to the attention of LMS CORPORATION, the latter must promptly inform the Client and communicate the corrective measures taken. Furthermore, LMS CORPORATION does not collect any "sensitive data".


The User's Personal Data may be processed by LMS CORPORATION subsidiaries and subcontractors (service providers), exclusively for the purposes of this policy.


Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to heelss.com User data are primarily the agents of our customer service.




8. Incident notification


Despite all efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Consequently, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the necessary information to help them comply with their own regulatory reporting obligations.


No personal information of the user of the heelss.com site is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of heelss.com and its rights would allow the transmission of said information to the eventual acquirer who would in turn be bound by the same obligation to store and modify data with regard to the user of the heelss.com site.


Security


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


When processing Personal Data, LMS CORPORATION takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.


9. Hypertext links, "cookies" and internet tags


The heelss.com site contains a number of hypertext links to other sites, set up with the authorization of LMS CORPORATION. However, LMS CORPORATION does not have the ability to verify the content of the sites thus visited, and consequently assumes no responsibility in this regard.


Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time and free of charge using the deactivation options offered to you and reminded 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 browser and stored on 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, as well as the date and time of access. Cookies do not risk damaging the User's terminal in any way.


LMS CORPORATION may process User information regarding their visit to the Site, such as pages consulted and searches performed. This information allows LMS CORPORATION to improve the content of the Site and User navigation.


Cookies facilitate navigation and/or the provision of services offered by the Site. The User can configure their browser to allow them to decide whether or not to accept them so that Cookies are stored on the terminal or, conversely, are rejected, either systematically or depending on their sender. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be stored on their terminal. LMS CORPORATION informs the User that, in this case, not all the functionalities of their browser software may be available.


If the User refuses to register Cookies on their terminal or browser, or if the User deletes those registered there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when LMS CORPORATION or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser 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, LMS CORPORATION disclaims all responsibility for the consequences related to the degraded functioning of the Site and the services potentially offered by heelss.com, resulting (i) from the refusal of Cookies by the User (ii) from the inability of LMS CORPORATION to register or consult the Cookies necessary for their functioning due to the User's choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow to know how the User can modify their wishes regarding Cookies.


At any time, the User can choose to express and modify their wishes regarding Cookies. LMS CORPORATION may also use the services of external providers to help it collect and process the information described in this section.


Finally, by clicking on the icons dedicated to social networks Twitter, Facebook, LinkedIn and Google Plus appearing on the heelss.com Site or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the heelss.com Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).


These types of cookies are only placed on your terminals provided you consent to them, by continuing your navigation on the heelss.com Website or mobile application. At any time, the User can nevertheless withdraw their consent to LMS CORPORATION depositing this type of cookie.


Article 9.2. INTERNET TAGS


LMS CORPORATION may occasionally employ Internet tags (also known as "tags", or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialized Web analytics partner who may be located (and therefore store corresponding information, including the User's IP address) in a foreign country.


These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the latter.


This technology allows LMS CORPORATION to evaluate visitors' responses to the 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 Site by the User.


The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for LMS CORPORATION, and provide other services related to the use of the Site and the Internet.


10. Applicable law and jurisdiction.


Any dispute in connection with the use of the heelss.com site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of [City of company registration, e.g., Paris].