Terms of Service

Terms of Service for the WELLMIND website

Applicable from 10/10/2022

ARTICLE 1. PARTIES

These terms of service are applicable between WellMind, published by the company Evellia, SARL with capital of 97,946 euros, SIRET number: 790631170 00020 - RCS of NANTERRE, Intra-community VAT number FR 52 790631170, hereinafter "the Publisher" and any natural or legal person, private or public law, registered on the Site to purchase a Product, hereinafter "the Client".

ARTICLE 2. DEFINITIONS

"Client": any natural or legal person, private or public law, registered on the Site.

"Site Contents": elements of any nature published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"The Publisher": Evellia, SARL in its capacity as publisher of the Site.

"Internet User": any natural or legal person, private or public law, connecting to the Site.

"Product": goods of any nature sold on the Site by the Publisher to Clients.

"Site": website accessible at the URL wellmind.fr, as well as sub-sites, mirror sites, portals and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely and free of charge accessible to any Internet User. Browsing the Site implies acceptance by any Internet User of these terms of service. Simply connecting to the Site, by any means whatsoever, in particular through a robot or browser, will result in full and complete acceptance of these terms of service. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet User acknowledges having taken full knowledge of them and accepts them without restriction.

Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the probative value of the Publisher's automatic recording systems and, unless he can provide proof to the contrary, he waives the right to contest them in case of dispute.

These terms of service are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet User.

Acceptance of these terms of service assumes that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The Site's purpose is to sell Services to Clients.

ARTICLE 5. CUSTOMER SERVICE

The Site's customer service is accessible by email at: sylvain@wellmind.fr. The Publisher undertakes to provide a response within 5 working days.

ARTICLE 6. PERSONAL SPACE

6.1. Creation of personal space

Creating a personal space is an essential prerequisite for any action by an Internet User on the Site. To this end, the Internet User will be invited to provide a certain number of personal information. Some of this information is deemed essential for creating the personal space. An Internet User's refusal to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order.

When creating the personal space, the Internet User is invited to choose a password. This password constitutes the guarantee of confidentiality of the information contained in the personal space. The Internet User therefore undertakes not to transmit or communicate it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to an Internet User's personal space.

The Client undertakes to regularly verify the data concerning him and to carry out online, from his personal space, the necessary updates and modifications.

6.2. Content of personal space

The personal space allows the Client to consult and follow all the benefits provided by his company. It also allows payment of services.

The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible proof by a court. They have only an informative character intended to ensure effective management of his orders by the Client.

The Publisher undertakes to securely store all contractual elements whose retention is required by law or current regulations.

6.3. Deletion of personal space

The Publisher reserves the right to delete the account of any Client who violates these terms of service, in particular when the Client provides inaccurate, incomplete, false or fraudulent information, as well as when a Client's personal space has remained inactive for at least one year. Such deletion will not be likely to constitute a fault of the Publisher or damage for the excluded Client, who cannot claim any compensation for this.

This exclusion is without prejudice to the possibility, for the Publisher, of undertaking legal proceedings against the Client, when the facts have justified it.

ARTICLE 7. PERSONAL DATA

As part of its service, the Publisher will be required to process personal data of its Clients.

7.1. Identity of the data controller

The controller for the collection and data processed on the Site is the Publisher.

7.2. Identity of the Data Protection Officer

The data protection officer is: Sylvain Mazaleyrat (sylvain@wellmind.fr)

7.3. Data collected

7.3.1. Data collected from clients

As part of its contractual relationships, the Publisher may be required to collect and process information from its Clients, namely: Name, First name, Email, Phone number, Postal address.

7.3.2. Purposes of personal data collection

The data collected during the contractual relationship is subject to automated processing for the purpose of:

• execute contractual commitments;
• contact Clients;
• avoid any illicit or illegal activity;
• enforce general conditions;
• initiate legal proceedings;
• verify the identity of Clients;

7.3.3. Legal bases for processing

The data collected has a contractual relationship as its legal basis.

7.3.4. Recipients of data

The data collected is accessible only by the Publisher within the limits strictly necessary for the execution of contractual commitments.

This data, whether in individual or aggregated form, is never freely visible by a third natural person.

7.3.5. Retention period for personal data

The personal data collected is retained for the duration of the contractual relationship, and for the time during which the Publisher's liability may be engaged.

After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.

7.3.6. Security and confidentiality of personal data

Personal data is stored under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.

Access to the Publisher's premises is also secure.

7.3.7. Data minimization

The Publisher may also collect and process any data voluntarily transmitted by its Clients.

The Publisher guides its Clients so that they provide personal data strictly necessary for the execution of contractual commitments.

The Publisher undertakes to store and process only data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.

7.4. Respect for rights

The Publisher's Clients have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form.

7.4.1. Right to information, access and communication of data

The Publisher's Clients have the possibility to access the personal data concerning them.

Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Clients provide proof of their identity, in particular by producing a scan of their valid identity document (in case of request by the dedicated electronic form) or a signed photocopy of their valid identity document (in case of request sent in writing), both accompanied by the mention "I attest on my honor that the copy of this identity document conforms to the original. Done at ... on ...", followed by their signature.

To help them in their approach, Clients will find here a letter template developed by the Cnil.

7.4.2. Right to rectification, deletion and right to be forgotten

The Publisher's Clients have the possibility to request the rectification, updating, blocking or erasure of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.

The Publisher's Clients can also define general and specific directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person can demand that the death of their relative be taken into consideration and/or that the necessary updates be made.

To help them in their approach, Clients will find here a letter template developed by the Cnil.

7.4.3. Right to object to data processing

The Publisher's Clients have the possibility to object to the processing of their personal data.

To help them in their approach, Clients will find here a letter template developed by the Cnil.

7.4.4. Right to data portability

The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

7.4.5. Right to limitation of processing

The Publisher's Clients have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be retained and no longer used by the Publisher.

7.4.6. Response times

The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable time which cannot exceed 1 month from receipt of the request.

7.4.7. Complaint to the competent authority

If the Publisher's Clients consider that the Publisher does not respect its obligations regarding their personal data, they can file a complaint or request with the competent authority. In France, the competent authority is the Cnil to which they can send a request here.

7.5. Transfer of collected data

7.5.1. Transfer to partners

The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement adequate guarantees and respect strict conditions regarding confidentiality, use and data protection, for example via the US Privacy Shield.

The Publisher uses the following subcontractors:

Stripe, payment service provider, whose general conditions are available at the following address: https://stripe.com/en-fr/connect-account/legal#translation

7.5.2. Transfer on requisition or judicial decision

Clients also consent to the Publisher communicating the collected data to any person, on requisition of a state authority or on judicial decision.

7.5.3. Transfer in the context of a merger or acquisition

If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, Clients consent to the collected data being transmitted by the Publisher to this company and that this company operates the personal data processing referred to in these Terms of Service in place of the Publisher.

ARTICLE 8. INTELLECTUAL PROPERTY

8.1. Legal protection of Site Contents

The Site Contents are likely to be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, complete or partial, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting.

8.2. Contractual protection of Site Contents

The Internet User contractually undertakes to the Publisher not to use, reproduce or represent, in any way whatsoever, the Site Contents, whether or not they are protected by intellectual property rights, for any purpose other than their reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.

ARTICLE 9. FINAL PROVISIONS

9.1. Applicable law

These terms of service are subject to the application of French law.

9.2. Modifications to these terms of service

These terms of service may be modified at any time by the Publisher. The terms of service applicable to the Client are those in force on the day of his order or connection to this Site, any new connection to the personal space resulting in acceptance, if applicable, of the new terms of service.

9.3. Disputes

Under ordinance n°2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these terms of service and whose solution could not be found previously amicably between the parties must be submitted to Medicys: www.medicys.fr.

In addition, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute relating to this contract or in connection with it will be resolved by arbitration in accordance with the regulations of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.

9.4. Entirety

The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and object of these.

9.5. Non-waiver

The Publisher's failure to exercise the rights recognized to it by these terms cannot in any case be interpreted as a waiver to assert said rights.

9.6. Telephone canvassing

The Client is informed that he has the possibility to register on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/.

9.7. Languages of these terms of service

These terms of service are offered in French.

9.8. Abusive clauses

The stipulations of these terms of service apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.