Definitions
Client: Any professional or individual with legal capacity as per Articles 1123 and following of the Civil Code, or legal entity, who visits the Website subject to these terms and conditions.
Services and Offerings: https://kachowa.com provides Clients with:
Content: All elements comprising the information available on the Site, including but not limited to texts, images, and videos.
Client Information: Hereinafter referred to as “Information,” which includes all personal data that may be held by https://kachowa.com for the management of your account, customer relationship management, and for analysis and statistical purposes.
User: Any internet user who connects to and uses the aforementioned site.
Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies” (Article 4 of Law No. 78-17 of 6 January 1978).
The terms “personal data,” “data subject,” “processor,” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. PRESENTATION OF THE WEBSITE
In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, users of the website https://kachowa.com are informed of the identity of the various parties involved in its creation and monitoring:
- Owner: Kachōwa – 1 rue de Stockholm, 75008 Paris
- Publication Manager: Houefa Gbaguidi – hello@kachowa.com
The Publication Manager can be either an individual or a legal entity. - Webmaster: Houefa Gbaguidi – hello@kachowa.com
- Host: Infomaniak – 25 Eugène-Marziano, 1227 Les Acacias, +41 22 820 35 44
- Data Protection Officer: Houefa Gbaguidi – hello@kachowa.com
This legal notice template is provided by the free legal notice generator for websites.
2. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND THE SERVICES OFFERED
The Website constitutes a work of the mind 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 benefit any part of the elements or works of the Website.
Use of the website https://kachowa.com implies full and complete acceptance of the general terms and conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the website https://kachowa.com are encouraged to consult them regularly.
This website is normally accessible to users at any time. However, an interruption for technical maintenance may be decided by https://kachowa.com, which will then make an effort to inform users in advance of the dates and times of the intervention. The website https://kachowa.com is regularly updated by the responsible party, https://kachowa.com. Similarly, the legal notice may be modified at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible in order to be aware of any changes.
3. DESCRIPTION OF THE OFFERED SERVICES
The website https://kachowa.com aims to provide information regarding all the activities of the company. https://kachowa.com strives to provide as accurate information as possible on the website https://kachowa.com. However, it cannot be held responsible for any omissions, inaccuracies, or deficiencies in the updates, whether caused by itself or by third-party partners who provide this information.
All information provided on the website https://kachowa.com is for guidance only and is subject to change. Furthermore, the details on the website https://kachowa.com are not exhaustive. They are provided subject to any modifications that may have been made since they were published online
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The Website uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the site. Furthermore, the user agrees to access the site using up-to-date equipment, free of viruses, and with a modern, up-to-date browser. The website https://kachowa.com 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: No. 2016-679).
The goal is to provide a service that ensures the highest level of accessibility. The hosting provider guarantees 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 periods, particularly for maintenance, infrastructure improvements, infrastructure failures, or if the Services and Offerings generate traffic deemed abnormal.
https://kachowa.com and the hosting provider cannot be held responsible in the event of a malfunction of the internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. INTELLECTUAL PROPERTY AND COUNTERFEITING
https://kachowa.com est propriétaire des droits de propriété intellectuelle et détient les droits d’usage sur tous les éléments accessibles sur le site internet, notamment les textes, images, graphismes, logos, vidéos, icônes et sons. Toute reproduction, représentation, modification, publication, adaptation de tout ou partie des éléments du site, quel que soit le moyen ou le procédé utilisé, est interdite, sauf autorisation écrite préalable de : https://kachowa.com.
Toute exploitation non autorisée du site ou de l’un quelconque des éléments qu’il contient sera considérée comme constitutive d’une contrefaçon et poursuivie conformément aux dispositions des articles L.335-2 et suivants du Code de Propriété Intellectuelle.
6. LIMITATIONS DE RESPONSABILITÉ
https://kachowa.com holds the intellectual property rights and usage rights for all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the site’s elements, by any means or process, is prohibited without prior written permission from https://kachowa.com.
Any unauthorised use of the site or any of its elements will be considered as infringement and pursued in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
7. MANAGEMENT OF PERSONAL DATA
The Client is informed about the regulations concerning marketing communication, the Law of 21 June 2014 on Confidence in the Digital Economy, the Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Data Controllers
For the Personal Data collected during the creation of the User’s personal account and their navigation on the Site, the data controller is: Houefa Gbaguidi. https://kachowa.com is represented by Houefa Gbaguidi, its legal representative.
As the data controller for the data it collects, https://kachowa.com is committed to complying with the applicable legal provisions. In particular, it is the Client’s responsibility to define the purposes of data processing, to provide its prospects and clients, based on the collection of their consent, with complete information about the processing of their personal data, and to maintain a record of processing activities that reflects reality. Each time https://kachowa.com processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data concerning the purposes for which https://kachowa.com processes them.
7.2 Purpose of Collected Data
https://kachowa.com may process all or part of the data:
- To enable navigation on the Site and manage and track the services and products ordered by the user: connection and usage data, billing information, order history, etc.
- To prevent and combat computer fraud (spamming, hacking, etc.): hardware used for navigation, IP address, password (hashed)
- To improve navigation on the Site: connection and usage data
- To conduct optional satisfaction surveys on https://kachowa.com: email address
- To carry out communication campaigns (SMS, email): phone number, email address
https://kachowa.com does not sell your personal data, which is used solely as necessary or for statistical and analytical purposes.
7.3 Right of Access, Rectification, and Objection
In accordance with current European regulations, users of https://kachowa.com have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), including the updating and completion of user data.
- Right to restriction or erasure of personal data (Article 17 GDPR), when data is inaccurate, incomplete, ambiguous, outdated, or if its collection, use, disclosure, or retention is prohibited.
- Right to withdraw consent at any time (Article 13(2)(c) GDPR).
- Right to limitation of data processing (Article 18 GDPR).
- Right to object to the processing of user data (Article 21 GDPR).
- Right to data portability of data provided by users when this data is subject to automated processing based on their consent or a contract (Article 20 GDPR).
- Right to determine the fate of user data after death and to choose to whom https://kachowa.com should communicate (or not) the data to a third party previously designated by the user.
As soon as https://kachowa.com becomes aware of a user’s death and in the absence of instructions from the user, https://kachowa.com commits to destroying the data, unless its retention is necessary for evidentiary purposes or to comply with a legal obligation.
If the user wishes to know how https://kachowa.com uses their personal data, request corrections, or object to its processing, they may contact https://kachowa.com in writing at the following address:
KACHŌWA
Houefa Gbaguidi – DPO
1 rue de Stockholm, 75008 Paris, FRANCE
In this case, the user should specify the personal data they would like https://kachowa.com to correct, update, or delete, and provide identification with a copy of a valid ID (identity card or passport).
Requests for deletion of personal data will be subject to the legal obligations imposed on https://kachowa.com, particularly concerning document retention or archiving. Lastly, users of https://kachowa.com may file a complaint with the relevant supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-Disclosure of Personal Data
https://kachowa.com is prohibited from processing, hosting, or transferring the information collected about its clients to a country outside the European Union or one that is deemed “inadequate” by the European Commission, without prior notification to the client. However, https://kachowa.com retains the freedom to choose its technical and commercial subcontractors, provided they offer sufficient guarantees in line with the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://kachowa.com commits to taking all necessary precautions to ensure the security of the information and, in particular, to prevent it from being disclosed to unauthorized persons. Nevertheless, if an incident affecting the integrity or confidentiality of the client’s information comes to **https://kachowa.com**’s attention, it will promptly inform the client and communicate the corrective measures taken. Furthermore, https://kachowa.com does not collect any “sensitive data.”
The personal data of users may be processed by subsidiaries of https://kachowa.com and subcontractors (service providers) solely for the purposes outlined in this policy.
Within the scope of their respective responsibilities and for the aforementioned purposes, the main individuals who may have access to the data of users of https://kachowa.com are primarily the agents of our customer service.
8. INCIDENT NOTIFICATION
Despite our best efforts, no method of transmission over the Internet or electronic storage is completely secure. We cannot, therefore, guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures comply with our legal obligations, whether national or European. We are committed to fully informing our clients about any security issues related to their account and providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the users of https://kachowa.com is published without their knowledge, exchanged, transferred, assigned, or sold to third parties on any medium. Only in the event of the acquisition of https://kachowa.com and its rights would such information be transferred to the potential purchaser, who would then be bound by the same obligations regarding data preservation and modification with respect to the users of https://kachowa.com.
Security
To ensure the security and confidentiality of Personal Data and Health Data, https://kachowa.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption, and passwords.
When processing Personal Data, https://kachowa.com takes all reasonable measures to protect it from loss, misuse, unauthorised access, disclosure, alteration, or destruction.
9. HYPERTEXT LINKS, COOKIES, AND INTERNET TAGS
The site https://kachowa.com contains a number of hypertext links to other sites, set up with the permission of https://kachowa.com. However, https://kachowa.com cannot verify the content of these external sites and therefore assumes no responsibility for them.
Unless you choose to disable cookies, you consent to the site using them. You can disable these cookies at any time, free of charge, using the available options detailed below. Please note that disabling cookies may reduce or prevent access to all or part of the services offered by the site.
9.1. « Cookies »
A “cookie” is a small file of information sent to the user’s browser and stored on the user’s device (e.g., computer, smartphone) (hereinafter referred to as “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 cannot harm the user’s device in any way.
https://kachowa.com may process information about the user’s visit to the site, such as the pages viewed and the searches conducted. This information helps https://kachowa.com to improve the site’s content and the user’s browsing experience.
Cookies facilitate navigation and/or the provision of services offered by the site. The user can configure their browser to decide whether or not to accept cookies so that cookies are either saved on the device or rejected, either systematically or according to their issuer. The user can also configure their browser software to be prompted to accept or refuse cookies on a case-by-case basis before a cookie is saved on their device. https://kachowa.com informs the user that, in this case, not all features of their browser software may be available.
If the user refuses to save cookies on their device or browser, or if the user deletes cookies that are already saved, the user is informed that their browsing and experience on the site may be limited. This could also occur if https://kachowa.com or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, language and display settings, or the country from which the device appears to be connected to the Internet.
In such cases, https://kachowa.com disclaims any responsibility for the consequences related to the degraded operation of the site and any services potentially offered by https://kachowa.com, resulting from (i) the user’s refusal of cookies or (ii) **https://kachowa.com**’s inability to save or access the cookies necessary for their functionality due to the user’s choice. The configuration of each browser is different for managing cookies and user preferences. It is described in the browser’s help menu, which will explain how the user can modify their cookie preferences.
At any time, the user can choose to express and modify their cookie preferences. https://kachowa.com may also use external service providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the social media icons for Twitter, Facebook, Instagram, Pinterest, LinkedIn, and Google Plus on the https://kachowa.com site or mobile application, and if the user has accepted cookies by continuing to browse the https://kachowa.com site or mobile application, Twitter, Facebook, Instagram, Pinterest, LinkedIn, and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are placed on your devices only if you consent by continuing to browse the https://kachowa.com site or mobile application. At any time, the user can withdraw their consent for https://kachowa.com to place such cookies.
9.2. Internet Tags ("Tags")
https://kachowa.com may occasionally use internet tags, also known as “tags,” “action tags,” “1×1 GIFs,” “transparent GIFs,” “invisible GIFs,” or “single-pixel GIFs,” and deploy them through a web analytics partner that 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 that direct users to the Site and on various pages of the Site.
This technology allows https://kachowa.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 viewed), as well as the use of the Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site’s activity for https://kachowa.com, and provide other services related to the use of the Site and the internet.
10. Governing Law and Jurisdiction
Any dispute related to the use of the site https://kachowa.com is subject to French law. Except where prohibited by law, exclusive jurisdiction is granted to the competent courts of Paris.