Definitions
Customer: any professional or capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Services : https://olacars.com provides Customers with :
Content: All the elements making up the information on the Site, in particular text – images – videos.
Customer information: Hereinafter referred to as “Information(s)”, which correspond to all personal data that may be held by https://olacars.com to manage your account, customer relations and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: “Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)
1. Website presentation.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the website https://olacars.com the identity of the various parties involved in its creation and follow-up:
Owner: SARL Ola Cars GmbH Share capital: 25000€ VAT number: DE348809679 – Kurfürstendamm 195 10707 Berlin
Responsible for publication: Ola Cars GmbH – +491788877756
The person responsible for publication is a natural or legal person.
Webmaster: Najmati – [email protected]
Host: Automattic Inc – 60 29th Street #343 San Francisco, CA 94110 United States of America +999999999
Data Protection Officer: Onur Emre – [email protected]
The legal notices are taken from the template proposed by the généfree élegal
2. General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.
Use of the site https://olacars.com implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and the users of the site https://olacars.com are therefore advised to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by https://olacars.comwho will endeavour to inform users in advance of the dates and times of the intervention. The website https://olacars.com is regularly updated by https://olacars.com responsible. 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 take cognizance of them.
3. Description of services provided.
The website https://olacars.com is intended to provide information concerning all of the company’s activities. https://olacars.com endeavors to provide on the site https://olacars.com site as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failure to update information, whether caused by the company itself or by third-party partners supplying such information.
All information on the website https://olacars.com is provided for information purposes only and is subject to change. Furthermore, the information provided on the https://olacars.com is not exhaustive. It is subject to modifications having been made since it was put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for any material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a browser of the latest generation that has been updated The site https://olacars.com is hosted by a service provider in the European Union in compliance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679).
The aim is to provide a service that ensures the best possible level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.
https://olacars.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://olacars.com is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, notably texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is forbidden, except with the prior written authorization of : https://olacars.com.
Any unauthorized use of the site or of any of the elements it contains will be considered as counterfeiting and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitation of liability.
https://olacars.com acts as site editor. https://olacars.com is responsible for the quality and accuracy of the Content it publishes.
https://olacars.com cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the website https://olacars.comand 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 incompatibility.
https://olacars.com cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website https://olacars.com. Interactive areas (possibility of asking questions in the contact area) are available to users. https://olacars.com reserves the right to delete, without prior notice, any content posted in this area that contravenes French legislation, in particular provisions relating to data protection. Where applicable, https://olacars.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
7. Personal data management.
The Customer 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 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the data controller is: Ola Cars GmbH. https://olacars.comis represented by Onur Emre, its legal representative.
As the party responsible for processing the data it collects, https://olacars.com undertakes to comply with the legal provisions in force. In particular, it is the customer’s responsibility to establish the purposes of its data processing operations, to provide its prospects and customers with full information on the processing of their personal data, once their consent has been obtained, and to maintain an accurate data processing register. Whenever https://olacars.com processes Personal Data, https://olacars.com takes all reasonable steps to ensure that Personal Data is accurate and relevant to the purposes for which it is to be used. https://olacars.com processes them.
7.2 Purpose of the data collected
https://olacars.com is likely to process all or part of the data:
- to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc.
- to improve browsing on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://olacars.com email address
- for communication campaigns (sms, e-mail): telephone number, e-mail address
https://olacars.com does not sell your personal data, which is only used for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://olacars.com have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users’ data right to block or delete Users’ personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (article 13-2c RGPD)
- right to limit the processing of Users’ data (Article 18 RGPD).
- right to object to the processing of Users’ data (Article 21 RGPD).
- right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
- the right to define what happens to Users’ data after their death and to choose to whom https://olacars.com shall communicate (or not) their data to a third party that they have previously designated
As soon as https://olacars.com becomes aware of the death of a User and in the absence of instructions from the User, https://olacars.com undertakes to destroy the User‘s data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://olacars.com uses its Personal Data, ask to rectify them or object to their processing, the User may contact https://olacars.com in writing at the following address
Ola Cars GmbH – DPO, Onur Emre
Kurfürstendamm 195 10707 Berlin.
In this case, the User must indicate the Personal Data he/she would like to be stored. https://olacars.com to correct, update or delete, identifying him/herself precisely with a copy of an identity document (ID card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on https://olacars.com by law, in particular as regards the retention or archiving of documents. Finally, Users of https://olacars.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://olacars.com will not process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognized as “non-adequate” by the European Commission without first informing the Customer. However, https://olacars.com remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
https://olacars.com undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://olacars.comis made aware of an incident affecting the integrity or confidentiality of the Customer’s Information, it must inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore https://olacars.com does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://olacars.com and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of Users of https://olacars.com are mainly our customer service agents.
8. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to their account security, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://olacars.com is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://olacars.com and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site https://olacars.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://olacars.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://olacars.comtakes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The website https://olacars.com contains a number of hyperlinks to other sites, set up with the authorization of https://olacars.com. However, the https://olacars.com is not in a position to check the content of sites visited in this way, and consequently accepts no responsibility in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided below, although 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 data 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, and the date and time of access. Cookies are in no way likely to damage the User’s terminal.
https://olacars.com may process information about the User’s visit to the Site, such as pages consulted and searches carried out. This information enables https://olacars.com to improve the content of the Site and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or according to their sender. The User may also configure his or her browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his or her terminal. https://olacars.com informs the User that, in this case, not all functions of his/her browser may be available.
If the User refuses to store Cookies in his/her terminal or browser, or if the User deletes those stored, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case when https://olacars.com 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.
If applicable, https://olacars.com declines all responsibility for the consequences linked to the degraded functioning of the Site and any services offered by https://olacars.comresulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://olacars.com to save or consult the Cookies necessary for their operation due to the User’s choice. To manage Cookies and User choices, the configuration of each browser is different. This is described in the browser’s help menu, which will indicate how the User can modify his or her wishes with regard to Cookies.
At any time, the User may choose to express and modify his or her wishes with regard to Cookies. https://olacars.com may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the Twitter, Facebook, Linkedin and Google Plus social network icons on the https://olacars.com or in its mobile application, and if the User has accepted the deposit of cookies by continuing to navigate on the Website or mobile application of https://olacars.comTwitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on the Website or mobile application of https://olacars.com. At any time, however, the User may withdraw his or her consent for https://olacars.com to deposit this type of cookie.
Article 9.2. INTERNET TAGS
https://olacars.com may occasionally employ web beacons (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist web analytics partner that may be located (and therefore store related information, including the User’s IP address) in a foreign country.
These beacons are placed both in online advertisements enabling Internet users to access the Site, and on its various pages.
This technology enables https://olacars.com 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 service provider may collect information about visitors to the Site and other Internet sites using these beacons, and may compile reports on Site activity for the attention of https://olacars.comand provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the site https://olacars.com is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of BERLIN.
