Version 10/11/2022
This website accessible at www.stellasurgical.com (the “Website“) is published by STELLA SURGICAL SAS, a simplified joint stock company with a capital of 2395.25 euros, registered in the Montpellier Trade and Companies Register under number 851 995 381, whose registered office is located at CAP OMEGA, Rond-point Benjamin Franklin, 34000 Montpellier, France (hereinafter referred to as the “Publisher“).
The Publisher undertakes to comply with French and European law on the protection of personal data, in particular the General Data Protection Regulation of 27 April 2016 (RGPD) and the amended Data Protection Act of 6 January 1978 (LIL).
1. Purpose
The purpose of these General Conditions of Use (hereinafter the “GTCU“) is to provide a legal framework for the conditions of access to and use of the Website by Internet users (hereinafter individually “the Internet user“).
The currently online version of our GTCU is the only one that can be enforced during the entire period of use of the Website and until we replace it with a new version. The GTCU applicable in the event of a conflict are the GTCU in effect on the day of the event giving rise to the conflict.
In the event of non-compliance with the terms of these GTCU, STELLA SURGICAL reserves the right to take any measure likely to preserve its interests and in particular to ensure their execution.
Access to and use of the Website are subject to compliance with these GTCU.
The Publisher reserves the right to modify, at any time and without prior notice, the Website as well as these GTCU, in particular to adapt to the evolution of the Website by making available new functionalities, deleting or modifying existing functionalities. The Internet user is therefore advised to refer to the latest version of the GTCU which can be accessed at any time on the Website, before browsing.
These GTCU apply to any variation or extension of the Website on existing or future social and/or community networks.
2. Purpose of the Website
The Website allows the Internet user to :
– Access to information about the STELLA SURGICAL company ;
– Access to the description of our products ;
– Access to the application space to join us ;
– Access to the latest news related to STELLA SURGICAL ;
– Access to the contact form.
3. Availability of the Website
The Website is accessible 24 hours a day, 7 days a week, from anywhere, and by any Internet user with Internet access.
The Website may be updated from time to time to add new features and/or introduce new products or services. Consequently, for reasons of updates, maintenance or other, access to the Website may be temporarily interrupted or suspended by the Publisher without notice or justification.
4. Access to Website
In order to access the Website, the Internet user must have the following prerequisites :
– A compatible equipment (phone, tablet, computer) ;
– A web browser ;
– An Internet connection.
The Company shall not be held liable in the event of failure to meet these requirements by the Internet user, who is solely responsible for checking these requirements before using the Website.
All hardware and software necessary for access to the Website and use of the services remain the sole responsibility of the Internet user
The Publisher reserves the right to suspend or refuse access to the Website to one or more Internet users.
Any person accessing the Website undertakes to comply unreservedly with these GTCU. The Internet user thus formally accepts, without reservation or restriction, these GTCU.
The use of the Website implies the Internet user’s full acceptance of these GTCU, which forms a contract of adhesion.
The Website is primarily intended for any person whose profession is related to the medical field.
5. Contact
The Internet User may contact the Publisher for any question or request for information concerning the Website, or any report of illegal content or activities by e-mail to the address contact@stellasurgical.com or via the contact form available on the Website.
For all requests related to the processing of Personal Data, the Internet user may contact the Publisher via the contact address: dpo@stellasurgical.com.
6. Protection of Personal Data
6.1. The identity of the Data Processor
STELLA SURGICAL is the Processor for Personal Data.
The Processor undertakes to take the necessary measures to ensure the protection and confidentiality of the Personal Data present in accordance with the RGPD and the LIL.
6.2. Origin of the Personal Data
The Publisher collects Personal Data on the Website from Internet users who contact the Company via the online contact form. This data is necessary to respond to the solicitation of the Internet users. The Publisher processes only the Personal Data strictly necessary for the contact request of the Internet users.
6.3. Purposes and Processing of the Personal Data collected
6.3.1. Need for collection
When using the Website, the Internet user provides the Publisher with certain Personal Data necessary for the proper functioning of the Website:
– Either directly via the contact form : last name, first name, telephone number, e-mail address ;
– Or indirectly : data relating to the connection (IP address…), browsing (statistics on pages consulted, activity or inactivity rates, etc.), and use of the features offered on the Site.
The collection of Personal Data is carried out for the needs of operation and access to the Website and in particular for :
– The processing of prospect or client requests ;
– Processing of applications ;
– The realization of the statistics of analysis ;
– The security of the Website.
The Internet user acknowledges that the Publisher does not process Personal Data on its behalf and/or for its account other than for the purposes of the Processing mentioned in this policy
6.3.2. Storage period
All Personal Data collected are processed and stored for a period of time determined by the purpose of the Processing and the laws applicable in the context of the Website’s activity.
At the end of each storage period, the Personal Data of the Users shall be anonymized or permanently deleted.
6.3.3. Description of the Processing of Personal Data as Data Controller
| Purpose of use | Personal Data | Legal basis for processing | Storage period |
|---|---|---|---|
| Contact from the Internet user : - Application for a job, - Request for information, - Request for information on partnerships, - Request for information on STELLA SURGICAL, - Other requests. |
- Last name, - First name, - E-mail adress, - Phone number, - Subject of the application (from a list of choices), - Content of the application, - Identity documents (if necessary). |
Consent | Application for a job : Up to 2 years after the application request. Information request and other requests : Up to 3 years after the last contact with the prospect. (Plus the period for processing the request of up to one month, three months in the case of a complex request or one justified by the data controller). Identity documents : kept for the duration of the identity verification. |
| Newsletter subscription | - Last name, - First name, - E-mail adress. |
Consent | Up to the request for deletion from the marketing mailing list and up to three years after the last contact from the data subject (Plus the period for processing the request of up to one month, three months in the case of a complex request or one justified by the data controller). |
| Carry out statistical analysis | Data related to navigation and use of the Website (pages consulted, rate of activity or inactivity, etc. ). | Legal obligation | 5 years from the last activity. |
6.4. Processor and receiver of Personal Data
6.4.1. Internal use
All the Personal Data of the Internet user may be processed by STELLA SURGICAL employees, within the limits of their respective functions (technical, commercial, marketing, human resources, direction departments) and only to achieve the purposes of this GTCU.
The Publisher may use the services of specialized companies for certain activities related to the operation of the Website (website watch, audience analysis), the list of which companies may be indicated to Internet users who request them via the contact form or via the contact address :
contact@stellasurgical.com.
6.4.2. Hosting
All Personal Data is hosted within the European Union by OVH.
The host OVH has access to the said data within the limits of its respective attributions, for the hosting of the Website. It has limited access to this data, within the framework of the execution of its services and has a contractual obligation to use it in compliance with the provisions of the applicable regulations on the protection of Personal Data.
For more information, please consult OVH’s privacy policy.
6.4.3. Commercial actors and service providers
No Personal Data is transmitted to a commercial or advertising actor without the consent of the Data Subject.
The Personal Data of Internet users may be used for commercial and/or marketing purposes by STELLA SURGICAL, especially in the context of sending newsletters.
6.4.4. Third-party providers
The Site relies on certain third-party services to provide certain functions. The latter have limited acces to the data in the context of the execution of these services and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of Personal Data.
To know the list of service providers, please send a request by e-mail to the following address : contact@stellasurgical.com.
6.4.5. Legal obligations
Data may also be transmitted by STELLA SURGICAL to third parties and competent authorities in order to comply with legal, fiscal or regulatory obligations.
6.5. Internet User’s rights to Personal Data
6.5.1. Internet user’s rights
In accordance with European regulations (GDPR and LIL), each Internet user has the following rights :
- Right to withdraw Consent (Article 13.2 of the GDPR) for Processing based on the Internet user’s Consent.
- Right of access of the data subject (article 15 of the GDPR) : This right allows the Internet user to request the list of Personal Data held by the Data Controller.
- Right of rectification (article 16 of the GDPR) : This right allows the Internet user to rectify or modify incomplete or erroneous information concerning him/her.
- Right to erasure / Right to be forgotten (Article 17 of the GDPR) : This right allows the Internet user to request, at any time, that the Data Controller erase the Personal Data held about him/her.
- Right to the limitation of Processing (article 18 of the GDPR) : This right allows the Internet user to request, at any time, that the controller no longer uses the Personal Data held about him/her (the data is temporarily frozen).
- Right to data portability (article 20 of the GDPR) : This right allows the Internet user to be able to retrieve the list of Personal Data held by the controller in a machine-readable format.
- Right to object (article 21 of the GDPR) : This right allows the Internet user to refuse at any time that the controller uses some of the Personal Data held by him.
- Right to define the fate of Personal Data after death : Any person may indicate directives and make them known to a trusted digital third party certified by the CNIL concerning the use of his or her Personal Data post-mortem. In the absence of information indicated by the Internet user, the heirs may exercise certain rights (right of access, right to object, right to delete).
6.5.2. How to exercise the Internet user’s rights
When an Internet user wants to know how the Publisher uses his or her Personal Data or how to exercise his or her rights, the Internet user may contact the Publisher by e mail at the following contact address : dpo@stellasurgical.com or by post by sending a letter to: STELLA SURGICAL, Cap Oméga, rond-point Benjamin Franklin, 34000 Montpellier, France or by contact form available is the Website.
The Internet user must indicate the purpose of the request.
Requests will be processed within maximum one month from the date of receipt of the request unless the Publisher has a compelling reason to extend the deadline.
To ensure the security of Personal Data, STELLA SURGICAL may request confirmation of the Internet user’s identity by the transmission of a valid identification document.
In the event of a dispute, the Internet user may lodge a complaint with the “Commission Nationale de l’Informatique et des Libertés” (www.cnil.fr), the supervisory authority in charge of compliance with obligations regarding the protection of personal data.
6.5.3. Information in case of theft of Personal Data
If, despite all the protections implemented by the Publisher and its subcontractors, some of the Personal Data were to suffer a security breach, the Publisher undertakes to inform the Internet users within the legal deadlines in force. This legal information obligation cannot be interpreted as an acknowledgment of responsibility or negligence on the part of the Publisher or its subcontractors.
7. Intellectual property
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used to operate the Website and, more generally, all elements reproduced or used on the Website are protected by the intellectual property laws in force.
They are the full and complete property of the Publisher or its commercial partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not constitute acceptance of the said use and waiver of proceedings.
It is strictly forbidden for the Internet user to :
- Copy, reproduce, represent, disseminate, distribute, publish, permanently or temporarily, all or part of the content and/or the Website by any means and on any medium known or unknown to date ;
- Create derivative works from the content and/or the Website ;
- Modify, translate, adapt, arrange, all or part of the content and/or the Website ;
- Disassemble, decompile or reverse engineer the Website.
Any unauthorized use of the Website or of any of the elements it contains shall be considered as constituting an infringement and shall be prosecuted in accordance with the provisions of articles L. 335-2 et seq. of the French Intellectual Property Code.
8. Responsibility
The information on Website is believed to be reliable. However, the Publisher does not guarantee that it is free from errors, defects or omissions.
The information provided on Website is presented for information purposes only and has no contractual value.
Despite regular updates, the Publisher cannot be held responsible for changes in legal and administrative provisions occurring after publication. Likewise, the Publisher cannot be held responsible for the interpretation and use of the information contained in this Website.
The Publisher cannot be held responsible for any viruses that may infect the computer or any computer equipment of the Internet user, following access to or use of the Website.
The Publisher shall not be liable in case of force majeure or the unforeseeable and insurmountable act of a third party on the Website.
The equipment used by the Internet user to access to the Website is under his entire responsibility. He must take all appropriate measures to protect his equipment and his own data. The Internet user undertakes to access the Website using recent equipment, free of viruses and with a recently updated browser.
The Publisher shall not be liable for any indirect damage (such as loss of business or loss of opportunity) resulting from the use of the Website.
The Publisher undertakes to implement all the methods required to guarantee the security and confidentiality of the data on the Website. However, the Internet user is responsible for the security and protection of the computer equipment used.
The Publisher does not guarantee the uninterrupted or error-free operation of the Website, in particular, the responsibility of the Publisher cannot be engaged in case of interruption of access to the Website due to maintenance operations, updates or technical improvements.
9. Hypertext links
Website may contain hypertext links. By clicking on these links, the Internet user will leave Website. The website has no control over the pages linked to these hyperlinks and cannot be held responsible for their content, reliability or security.
10. Cookies
Internet users of the Website are informed and accept that when visiting the Website, cookies may be installed on their computer equipment by the Publisher or its partners in order to store and access Personal Data such as browsing data, in particular for the purpose of improving the content and analyzing the traffic on the Website.
Different types of cookies may be used on the Website, in particular to facilitate the Internet user’s navigation on the Website :
Functional cookies (always active) and technical cookies
Cookies that allow the Website to function better. The Website uses theses cookies to temporarily record information about the Internet user’s session (visit to the Website), for exemple by remembering what the Internet user hase entered in a form. Some of these functional cookies are essential. This means that these cookies are necessary for the proper functioning of the Website. The Internet user may not refuse or desactivate the cookies deemed necessary.
Analytical or statistical cookies
Cookies that allow us to know the use and performance of the Website, to establish statistics, volumes of traffic and use of the various elements of the Website (content visited, path) and to improve the interest and ergonomics of the information offered on the Website (the pages or sections most often consulted, etc.). These cookies are also used to count visitors to a page.
Social network cookies
The Site contains link to our social networks (Twitter, LinkedIn, …) to promote and share content. Social networks set their own cookie to store and process certain information for personalized advertising purposes. For more information, please consult the privacy policies of thes soial networks.
The Internet user must give his consent to the deposit of certain cookies, the information of which is communicated to him in the cookies information banner visible when he first connects to the Website.
The consent thus given is valid for a maximum period of six (6) months from the first deposit in the Internet user’s terminal equipment.
For statistical cookies exempt from consent (except Google Analytics, see article 11 below), the maximum retention period is thirteen (13) months.
Each Internet user has the possibility to refuse the installation of cookies on his or her device. However, in the event of a refusal, browsing and the experience of the Internet user may be limited.
The acceptance of cookies facilitating the connection and the navigation of the Website can be modified at any time by clicking on “Manage the consent to cookies”.
The Internet user is informed that the Publisher’s partners and any other third party may place cookies on the Website. Only the issuer of a cookie is likely to read or modify the information contained therein and the Publisher has no access or control over the cookies that third parties may use. The issue and use of cookies by third parties are subject to the privacy policies of these third parties in addition to the present GTCU. Consequently, the Internet user is invited to visit the sites of these third parties for more information on the cookies they store and how to manage them.
The Internet user’s browser settings can also be used to inform and refuse the installation of cookies.
11. Google Analytics
The Publisher uses Google Analytics to track Internet users on the Website.
Cookies are used by Google Analytics to collect data about the Internet user’s browsing.
In order to comply with the new regulation, Google Analytics has included changes regarding the processing of this type of data. For more information, please refer to the Google Analytics privacy policy.
12. Indivisibility
If any provision of the GTCU is or becomes illegal or unenforceable, this shall not affect the validity or enforceability of any other provision of the GTCU.
13. Duration of the GTCU
The present GTCU are concluded for an indefinite duration, the Internet user is bound to respect them from the beginning of his use of the Website.
The Publisher reserves the right to modify the GTCU at any time and without notice.
14. Settlement of disputes
The conclusion, interpretation and validity of these GTCU are governed by French law, regardless of the country of origin of the Internet user or the country from which the Internet user accesses the Website and notwithstanding the principles of conflict of laws.
In the event of a dispute concerning the validity, performance or interpretation of these GTCUs existed and was brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants. The designated courts shall be those of the jurisdiction of the Court of Appeal of the registered office of STELLA SURGICAL, without prejudice to the application of mandatory provisions on territorial jurisdiction.
The Internet user is informed that he/she may in any case have recourse to conventional mediation or to any alternative dispute resolution method (for example conciliation) in the event of a dispute.
