12.1 Scope of warranty
The warranty applies to devices (assembled with their original components or substitutable spare parts), stored, installed, used, maintained in accordance with good engineering practice and GAC-MyDATEC’s specifications and recommendations, conditionally that they have not been subjected to any external aggression (electrical, thermal or weather shocks, etc.), or modifications made by the Customer, or abnormal use, etc.
The GAC-MyDATEC warranty does not apply in case of incorrect assembly, incorrect use of its equipment, as provided for in the assembly diagram of the accessories supplied in the kit, the instructions for use – assembly – maintenance – assistance, and the letters or others containing technical specifications on its products. Also give rise to exclusions of coverage all incidents or malfunctions resulting from fortuitous events or force majeure, replacements or repairs resulting from normal wear and tear, deterioration or accidents resulting from negligence, lack of supervision or maintenance, abnormal use of the equipment, external causes of aggression.
The warranty covers the material recognized as defective by GAC-MyDATEC’s technical services, excluding labor and shipping costs, which remain the responsibility of the Customer.
12.2 Duration and starting point of the guarantee
GAC-MyDATEC’s warranty on its products is for a period of two (2) years from the date of invoice to the Customer. GAC-MyDATEC undertakes to ensure the availability of original components or substitutable spare parts for the above-mentioned period of two (2) years.
The replacement of a part does not affect the duration of the original warranty of the product concerned.
12.3 Terms and conditions for exercising the guarantee
To be able to invoke the benefit of these provisions, the customer must notify GAC-MyDATEC within 48 working hours in writing, of the difficulties attributed to the material and provide all evidence as to their reality. The customer shall give GAC MyDATEC every opportunity to establish and remedy such defects. The warranty does not apply if the customer carries out repairs or has them carried out by a third party before GAC-MyDATEC has been able to determine the alleged difficulties. GAC-MyDATEC reserves the right to repair or replace defective parts. The cost of transporting the defective equipment or parts, as well as the cost of returning the repaired or replaced equipment or parts, shall be borne by the Customer.
Replaced parts are returned to GAC-MyDATEC free of charge and become the property of GAC-MyDATEC.
12.4. Limitation of liability
GAC-MyDATEC’s liability is limited to the obligations set forth in this section. GAC-MyDATEC will not be held liable for any compensation, including for immaterial or indirect damages such as loss of profit, loss of use or income, third party claims, etc…
GAC-MyDATEC’s possible visit to the site does not constitute a design or execution control.
All operations covered by the present G.S.T. are subject to French law.
GAC-MyDATEC and its Customer undertake to attempt to resolve amicably any dispute that may arise between them in the event of difficulties arising in connection with these G.S.C. To this end, they undertake to respect, before taking any legal action, a period of truce of two (2) months, during which they shall endeavor to contribute loyally to the development of an amicable solution, at the cost of mutual and reciprocal concessions. GAC-MyDATEC and its Client may, in any case, but without this constituting an obligation, appoint a mediator, who will make transactional proposals within three (3) months of the referral. The costs and fees of such mediation shall be shared equally by the parties.
ANY DISPUTE WILL BE UNDER THE EXCLUSIVE JURISDICTION OF THE COURT IN WHICH GAC-MyDATEC’S HEADQUARTERS ARE LOCATED, EVEN IN CASE OF AN APPEAL FOR WARRANTY OR PLURALITY OF DEFENDANTS.
GAC MY DATEC, with headquarters at 353 rue de la chapelle 69400 Gleizé – France , informs you that, in accordance with Legislative Decree 196/2003 and European Regulation 679/2016 (cd. GDPR), which regulates and regulates the protection of personal data and their free movement, your personal data will be processed in accordance with the above-mentioned legislation, based on the principles of accuracy, lawfulness, proportionality of interests and transparency as well as the protection of your privacy and rights, for the purposes, in the manner and under the terms better indicated below.
1- Purposes, methods and legal basis of data processing
Your personal data will be processed exclusively for purposes that are strictly related, instrumental and necessary for the fulfilment of the obligations inherent to the relationship with our Company; in particular as follows
The processing of personal data is carried out by means of the operations indicated in Legislative Decree 196/2003 and art. 4 n. 2) RGPD and specifically: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction.
The processing of personal data will be carried out using computer media by the owner, manager / managers and authorized subjects (appointed) with the observance of all precautionary measures, which guarantees security and confidentiality.
The data will be stored by the controller and by the subcontractors appointed by him. The servers and/or tools containing the data of the interested party are managed in compliance with the guarantees referred to in European Regulation 679/2016.
In any case, your personal data will be stored and processed within the borders of the European Economic Area and may only be transferred outside this border with the explicit consent and in compliance with the guarantees set out in European Regulation 679/2016. In order to guarantee an adequate level of protection and security, the interested party may request at any time more information on the data and the countries concerned by writing to the following e-mail address firstname.lastname@example.org In particular, data collected through this website such as name, surname, e-mail address, company of affiliation and qualification could be transmitted to Telema group companies for greater commercial efficiency.
This site may process some of the personal data on the basis of the legitimate interests of the data controller as provided for by Legislative Decree 196/2003 and Art. 6 of European Regulation 679/2016.
The data received will be used exclusively for the provision of the service requested and only for the time necessary to provide the service.
The information that users of the site will consider to be made public through the services and tools made available to them, is provided by the user knowingly and voluntarily, exonerating this site from any responsibility for any violation of the laws. It is the user’s responsibility to verify that he/she has the authorization to enter personal data of third parties or content protected by national and international regulations.
The data collected by the site during its operation are used exclusively for the purposes indicated above and kept for the time strictly necessary to carry out the specified activities. In any case, the data collected by the site will never be provided to third parties other than specifically designated managers and authorized persons, without reason, except in the case of a legitimate request from the judicial authority and only in cases provided for by law.
2- Nature of the data collection and consequences of its failure to be provided
Like all websites, this site also uses log files in which information is stored that is collected automatically during user visits. The information collected may include the following:
- Internet Protocol (IP) address;
- the type of browser and device settings used to connect to the site;
- the name of the Internet Service Provider (ISP);
- the date and time of the visit;
- visitor’s original web page (reference) and exit;
- possibly the number of clicks.
The above-mentioned information is processed in an automated form and collected in an exclusively aggregated form in order to verify the proper functioning of the site, for security reasons and for the legitimate interests of the owner as provided for by the legislation in force.
For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also include personal data such as IP address, which may be used, in accordance with the relevant laws, to block attempts to damage the site itself or to cause damage to other users, or in any case to block harmful or criminal activities. This data is never used for identification or profiling of the user, but only for the purpose of protecting the site and its users and the legitimate interests of the controller.
Consent to the use of your data for marketing and/or advertising and/or commercial purposes (sending e-mails and/or communications with advertising and/or commercial offers of goods or services), is optional and requires from you, in addition to providing your personal data, an explicit request via the opt-in function on this website.
The data provided may also be used to send invitations to events organized by MyDATEC.
3- Schedule and conditions
The data controller, managers and persons authorized to process (named) will process personal data for the time necessary to achieve the aforementioned purposes and, in any case, not more than 10 years from the end of the relationship when required or made necessary by the regulations in force.
With regard to the provision of data by you for the receipt of commercial information, newsletters and periodic information, the data will be processed until you request to unsubscribe.
4- Communication and data dissemination
The personal data collected on the Site will not be communicated, sold or transferred to third parties, except for the cases provided for by law and without prejudice, in any case, to the communication of data to third parties expressly designated to carry out certain services within the scope of the activity carried out by the Data Controller and/or, in general, in its favour, who will operate as independent data controllers and/or data processors, as well as the communication and/or dissemination of data requested, in accordance with the law, by police forces, judicial authorities, information and security agencies or other public entities for the purposes of defense or state security or the prevention, detection or repression of crimes.
In particular, your personal data, for the purpose of performing the contract or services you have requested and for the purposes indicated above, may be communicated to the following subjects
- to all natural and legal persons (by way of example and without limitation, legal firms, couriers and shippers, the data processing center, IT consultants, suppliers, etc.) in cases where the communication is necessary for the purposes described above;
- to our specifically named employees and collaborators in the course of their duties.
- IT platforms and suppliers for sending newsletters;
- to the sales division of MyDATEC France, which may contact the user regarding the products/services in which the interested party has expressed interest;
- to the marketing division of MyDATEC France for direct and indirect marketing communications.
The D.P.O., if appointed by the controller on a voluntary basis, as well as the name and number of managers may be subject to change, so it is advisable to consult our website – where you can find all the updated information – on the page dedicated to the following link: www.mydatec.com or by contacting the following address: email@example.com
5 – Rights of the person concerned
By calling 04 78 66 07 07 or writing to firstname.lastname@example.org at any time, you can exercise your rights towards the controller in accordance with European Regulation 679/2016, which we reproduce for your convenience.
The interested party has the right to obtain confirmation of the existence and/or the fact that personal data concerning him/her is being processed, even if not yet registered, as well as their communication in an intelligible form. The interested party has the right to obtain the indication:
- the origin of the personal data (in particular as regards the case where they are not collected from the interested party and, in case of transfer of data to a third country, the existence of adequate safeguards in accordance with Article 46 of the Regulation)
- the purposes and methods of the processing ;
- the logic applied in the case of processing with electronic instruments; the identification data of the owner, managers and designated representative;
- the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as designated representatives in the territory of the State, managers or authorized subjects;
- the categories of personal data processed;
- the length of time the data will be retained or the criteria used to determine this period;
- the existence of automated decision-making processes, including profiling, and the logic applied by them; the right to obtain a copy of the personal data processed;
The interested party also has the right to obtain:
(a) updating, rectifying or, where appropriate, integrating the data
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary for the purposes for which the data were collected or subsequently processed;
(c) certification that the transactions referred to in letters a) and b) have been brought to the knowledge, including their content, of those to whom the data have been communicated or disseminated, unless this proves impossible or involves the use of means that are manifestly disproportionate to the protected right;
d) the portability of data to other subjects for which an explicit request must be made to the following address: email@example.com
e) cancellation of data in our archives in accordance with article 17 pt. 1 letter from a) to f) of the Regulation (so-called right to be forgotten), by communication to +39 02 833821, firstname.lastname@example.org
f) to limit the processing of data in accordance with Art. 18 pts. 1, letter a) to d) of the regulation
The person concerned has the right to object, in whole or in part, to the processing of the data:
- for legitimate reasons related to your particular situation, even if the processing is relevant to the purpose of the collection;
- to the processing of personal data for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication;
- to the processing of data in accordance with art. 6, pt.1 letter e) and (f) including profiling on the basis of these provisions.
If the processing of data is based on the consent of the person concerned, the latter has the right to revoke this consent at any time by making an explicit request by calling 04 78 66 07 07 or by writing to email@example.com
The person concerned also has the right to file a complaint with the supervisory authority.
The exercise of the aforementioned rights can be exercised with a request addressed to the owner or the manager sent by telephone, e-mail to the addresses indicated above or even by registered letter AR.