Imagina - Terms of use

- « Applications » : These are the IMAGINA and IMAGINA PRO applications.

- « IMAGINA » : Means the company IMAGINA as described in article 2 of the present General Conditions of Use, publisher of the Site and the Applications.

- « Partners » : It is professionals, traders, associations or organizations that collaborate with IMAGINA.

- « Part(s) » : Means indifferently IMAGINA, the Visitor or the User of the Website and/or the Applications.

- « Services » : Means all the services provided by IMAGINA through the Website and/or the Applications and described in article 3 of the present General Conditions.

- « Website » : Means the website published by the company IMAGINA and available via the URL https://imagina.com/.

- « User » : Internet user who creates an account in order to benefit from the Services provided by the website and/or the Applications.

- « Visitor » : Internet user who visits the website but does not create a user account visitor.

The present General Conditions of Use (hereinafter "The General Conditions") bind the company IMAGINA, SAS with a capital of 15,000 euros, registered in the Trade and Companies Register of Vannes under the number 821 745 593, having its headquarters at 110 Avenue de la Marne VANNES, represented by Mr. Steve COTONNEC in his capacity as president - and its Users or Visitors.

The purpose of the General Conditions is to set out the terms and conditions for accessing and using the Services offered on the Site and the Applications.

The Services are described in Article 3 of these General Conditions.

In the event of a contradiction between the General Conditions and the legal notices of the Site and the Applications, the General Conditions shall prevail.

IMAGINA is a social network.

The Services offered by IMAGINA are broken down and accessible in the form of two (2) Mobile Applications and a Web Application. The Services are alternative or cumulative and complementary.

Imagina allows the User to find information of all kinds on the places that surround him daily such as local shops, accommodation, places to go out, to eat, to rest, trade shows and events, permanent spaces (leisure and cultural parks,...), etc. The User can view information on the Partners.

IMAGINA has developed a functionality that allows the User to be connected even more precisely to what surrounds the User through the use of iBeacon technology (micro-location).

By logging on to the Application, the User receives, through notifications, real-time information on current or upcoming events in their favourite places and stays connected through the news feed.

The User may also share content with other Users in their community.

The General Conditions come into force as soon as they are published online and apply to all Users and Visitors. The General Conditions may be adapted, modified or revised at any time.

In case of modification, the User is warned the next time he/she connects to the Site and/or the Applications that the General Conditions have been modified and is invited to read and accept them.

Only the version in force of the General Conditions on the day of the use of the Website and/or the Applications will have legal value between the Users or Visitors and IMAGINA. The User or Visitor must consult them regularly and especially before each use of the Services.

The General Conditions are concluded for an indefinite period of time and can be terminated at any time by the User, without any particular reason, by requesting IMAGINA to close and delete the User's account by email to the address : contact@imagina.com.

The deletion of the account and data of a User is carried out by IMAGINA at the request of the User.

On the other hand, IMAGINA reserves the right to temporarily or permanently deactivate the registration of a User and to stop providing its Services in the following cases :

• in the event of a breach of the General Conditions ;
• if IMAGINA is unable to verify or authenticate the information provided, and the User does not comply with its requests for verification and/or authentication;
• if the actions of the User are likely to engage the responsibility of IMAGINA, a User, a Visitor or a Partner;
• if the User's account remains inactive for a period of twenty-four (24) months.

5.1. Technical access

The User and/or the Visitor must ensure the compatibility of their computer hardware and software installed to access the Site and/or the Applications.

The Site is accessible to the User or Visitor at https://imagina.com/. To access the Site and the Applications, the User or Visitor must have an Internet connection.

In order to benefit from the functionalities offered by the Applications in an efficient way, IMAGINA must be able to access its geolocation system. The conditions for obtaining the User's consent are set out in article 13 of these General Conditions.


5.2. Availability of Services

The Services are accessible to Visitors and Users 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of IMAGINA and possible breakdowns.

In order to ensure the technical maintenance of the Website and/or the Applications, IMAGINA may punctually interrupt access to them.

Whenever possible, IMAGINA shall inform the Visitor or User in advance of any interruption of the Services.


5.3. Conditions of access Users

Registration is only permitted for legal persons and natural persons over 18 years of age who have the capacity to perform legal acts. The registration of a legal person may only be undertaken by a natural person entitled to represent it, who must be named.

Visitors who wish to register and access the Services must provide the information indicated as mandatory and marked with the "*" symbol. This registration will allow the Visitor to be identified more easily on subsequent visits.

The User's account is personal.

The Visitor must choose a personal identifier and password. At the end of each session, the User must ensure that he leaves his personal space. The User is responsible for maintaining the confidentiality of his password and personal space, and is fully responsible for any act involving the use of his login and password. In the event of loss or theft of the identifier and/or password, or in the event of use by an unauthorised third party, the User must immediately contact IMAGINA by email at contact@imagina.com.

The processing of personal data by IMAGINA is governed by article 13 of the General Conditions and in the Legal Notice.

The User's personal space contains in particular :

• the user's profile ;
• his or her interests ;
• a customisable news feed ;
• its subscribers and subscriptions ;

The User ensures that the information transmitted is valid over time and undertakes to provide accurate, complete and up-to-date information. The User also undertakes not to usurp the identity or capacity of a third party. Otherwise, the User will be solely responsible for the consequences that may result from the provision of false, invalid or erroneous information to IMAGINA, another User, a Visitor or a Partner.

In particular, the User undertakes to ensure that the contact details he/she provides to IMAGINA are kept up to date. The User also undertakes not to allow any other person access under his identity or his name as a User.

IMAGINA is not obliged to verify the reality of the identity of the User and does not have the technical and / or legal means to do so.

Nevertheless, in case of doubt about the reality of the information disclosed by the User or in case of denunciation by a third party, a User, a Visitor or a Partner that leads to the presumption of the existence of identity theft or the existence of fictitious information provided by the User, IMAGINA reserves the right :

• not to proceed with the registration;
• to take the user account offline;
• to request evidence from the User in question.

If IMAGINA's request remains without effect within five (5) working days, IMAGINA shall have the right to terminate the User's account under the conditions set out in article 4 of these General Conditions.

IMAGINA is a mobile and web application offering, among other functionalities, an event ticketing module configured in collaboration with the event organizers. As such, Imagina is not in a position to intervene or make any decision regarding the organization of the event, a change in ticketing or a modification to the event.

Imagina is merely an intermediary acting in accordance with the contract with the customer in the editing, manufacturing and marketing of tickets on behalf of the organizer.

SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to all ticket purchases offered for sale by SAS IMAGINA on its application.

You are required to read them before purchasing any ticket, as the choice to use IMAGINA's services is your sole responsibility.

IMAGINA's head office is located at 110 Avenue de la Marne in VANNES (56000). You may address all your correspondence to it.

The contract applies to the exclusion of all other conditions, and in particular those applicable to other ticket sales channels. It can be consulted at any time on the IMAGINA application and will prevail over any other version or any other contradictory document.

In the absence of proof to the contrary, the data recorded in IMAGINA's computer system constitutes proof of all the transactions you conclude with IMAGINA.

In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, you have the right to access, rectify, oppose, delete and port all of your personal data at any time by writing, by post and providing proof of your identity, to:

IMAGINA - 110 Avenue de la Marne - VANNES (56000).

You declare that you have read the present contract and accepted it by ticking the appropriate box before proceeding with the ticket ordering procedure. Confirmation of your ticket order signifies your acceptance of this contract without restriction or reservation.

Finally, you acknowledge that you have the capacity required to contract and purchase tickets offered on the IMAGINA website.

This contract may be subject to subsequent modifications. In this case, the version in force on the day of your purchase will apply.

REGISTRATION

Registration and ordering on the IMAGINA application is completed when you accept the present General Terms and Conditions of Sale by checking the appropriate box and validating your order. In application of the provisions of article 1127- 2 of the French Civil Code, the Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. Confirmation implies acceptance of these General Terms and Conditions of Sale in their entirety, and constitutes proof of the contract.

It is therefore your responsibility to check the accuracy of the order and to report any errors immediately.

The sale of tickets will only be considered final after IMAGINA has sent you confirmation of acceptance of the order by e-mail and after receipt of the full price.

IMAGINA reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

TICKET PRICES

All orders, regardless of their origin, are payable only in the currency indicated during the order process.

IMAGINA reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order is registered.

You are informed, in real time, when you place your order, of the availability of the tickets you require.

If all or part of the tickets in the desired category are unavailable, IMAGINA will inform you and you will then be able to purchase tickets in another category, subject to availability.

PAYMENTS

For paid ticket orders, you must pay by credit card directly on the IMAGINA application, using a card from the CARTE BLEUE / VISA and EUROCARD / MASTERCARD networks, as well as any other networks mentioned at the payment stage.

Your bank account will be debited for the amount of the order, as soon as the transaction has been finally validated in the case of secure CB payment, except in the case of deferred debit, in which case the debit will be made to your bank account at the end of the month.

A proof of order, as well as an invoice if the organizer has activated the option, will be automatically sent to you by e-mail as soon as payment has been recorded.

To be valid, the ticket must not have been the subject of a stop payment or an outstanding payment on the credit card used for the order. Otherwise, the ticket will be unusable.

SECURE PAYMENT

IMAGINA uses all reasonably acceptable technologies to ensure that its online payment system is as reliable as possible. The confidentiality of banking information is guaranteed and secured by the SSL protocol, which systematically checks the validity of access rights during payment by credit card and encrypts all exchanges.

ELECTRONIC TICKET

As soon as your order has been confirmed, and unless otherwise stated at the time of ordering, you will receive an e-mail containing the digital ticket (in the body of the message or as an attachment) to be printed at home on A4 paper.

Each ticket has a unique QRcode that allows you to access the event. One or more people can access the event with one ticket, depending on the settings chosen by the organizer.

In the event of loss, theft or duplication of a valid ticket, only the person(s) holding the ticket will be able to access the event. You remain responsible for the use of your ticket.

PRINTING CONDITIONS AND TICKET VALIDITY

This ticket is only valid if printed on blank white A4 paper on both sides. The printing format must not have been altered, the print must be of good quality and all the information on the ticket must be legible.

Tickets can be printed in black and white or color. Partially printed, soiled, damaged or illegible tickets <span style="font-weight: 800">may not be accepted</span> and will be considered invalid by the organizer.

The organizer may also accept other means of ticket presentation, such as cell phones or tablets. These options may be presented during the order process.

USE AND VALIDITY OF THE TICKET

The ticket is neither exchangeable nor refundable (unless decided by the organizer).

It is personal and non-transferable, unless expressly authorized by the organizer. It is possible that the organizer has not wished to make each ticket nominative, in which case they will only bear the same identity, i.e. that of the purchaser given at the time of ordering. In any case, the ticket cannot be sold for a face value higher than that indicated on the ticket. IMAGINA reserves the right to take legal action against purchasers who offer tickets for sale at a price higher than their face value.

The illegal sale of event tickets (entry tickets, invitations, badges, passes, etc.) on public property, in a private place or on the Internet, is a criminal offence punishable by arrest by the police and a fine of €15,000 (art L 313-6-2 of the French Penal Code).

The ticket is only valid for the precise place, session, date and time of the event. After the start time, access to the event is no longer guaranteed: in this case, you will not be entitled to any refund. You are advised to arrive before the event starts, at least 30 minutes in advance.

Some of the times indicated by the Organizer may be strict deadlines with no tolerance for late entry.

Any person failing to comply with the regulations and special provisions, or with the General Terms and Conditions, may be refused entry to the event or expelled from it without being entitled to a ticket refund.

TICKET CONTROL AND ACCESS TO THE EVENT

The organizer is responsible for checking tickets, unless he has delegated this task to a third party. It is the unique QRcode and ticket identifier, where applicable, that will be used to check the validity of each ticket.

For registered tickets, the organizer always has the option of checking your identity at the entrance to the event venue.

If you wish to enter the event, you will need to carry valid official photo identification.

When setting up your event, the organizer may specify any other proof of identity you may need to present at the entrance to the venue. In this case, you will be informed prior to the event, and the organizer may request the presentation of the aforementioned documents.

Please note that the organizer is not obliged to check the identity of the person in possession of the print-at-home ticket, nor is he obliged to check the authenticity of the print-at-home ticket insofar as the copy of the print-at-home ticket cannot be detected with certainty. You are also reminded that you are responsible for keeping your ticket and that you may be refused access to the event even if your name appears on the ticket, in which case <span style="font-weight: 600">you will not be entitled to any refund.</span>

FRAUD

It is strictly forbidden to reproduce, duplicate or counterfeit a ticket in any way whatsoever. The person who has reproduced the ticket and the user of the copied ticket are liable to prosecution. In the event of loss or theft, IMAGINA declines all responsibility for any illicit use of the ticket. Lost or stolen tickets are neither exchangeable nor refundable. In the event of loss, theft or duplication of the ticket, please contact the event organizer.

WITHDRAWAL PERIOD, CANCELLATION AND REFUND

In accordance with article L.221-28 paragraph 12 of the French Consumer Code, tickets are not subject to a right of withdrawal. All orders are firm and final. Tickets cannot be taken back, exchanged or reimbursed, even in the event of loss or theft.

A ticket may only be refunded in the event of cancellation of the event, and then only by decision of the organizer. IMAGINA points out that it only intervenes at the marketing stage as an intermediary for the organizer, and that it does not receive the price of tickets marketed by the organizer. Thus, IMAGINA cannot be held liable for any reimbursement if it is not in possession of the ticket price, nor can it substitute itself for the organizer in the context of the latter's obligations.

In this case, IMAGINA will only refund you if it has been given the opportunity to do so by the organizer.

You will be informed of any cancellation, postponement or modification of the event by IMAGINA if and only if IMAGINA has been previously informed by the organizer. We therefore invite you to keep in touch with the organizer to be informed of the proper holding of the event.

In the event that IMAGINA is able to make a refund on behalf of the organizer, only buyers who have placed an order on the IMAGINA website and whose name appears on the ticket will be refunded.

Your refund will only be made by IMAGINA on behalf of the organizer if the organizer has made available to IMAGINA the sums necessary to make the refund. IMAGINA is only involved in the operation as an intermediary for the organizer and is not personally liable for reimbursement. Refunds may only be made:

• If the organizer has voluntarily requested reimbursement from the purchasers
• If the organizer has accepted the buyer's request for reimbursement.

By purchasing a ticket on the IMAGINA application, you expressly agree to waive any recourse against IMAGINA for reimbursement, as IMAGINA is not entitled to receive the ticket price.

Please note that any decision to cancel, postpone or modify an event is the responsibility of the organizer, and that IMAGINA is not a substitute for the organizer. In the event of cancellation of an event, rental fees will in all cases be retained by IMAGINA. In such cases, only the ticket price will be refunded.

BEHAVIOR AT THE EVENT

You must respect the organizer's instructions when you are at the event.

The event's rules and regulations may be consulted either directly on the organizer's website, or prior to accessing the event, or following their transmission by e-mail by the organizer prior to the event.

LIABILITY - APPLICABLE LAW - MEDIATION

In accordance with the French law n°2004-575 of June 21, 2004, article L 121- 20-3 of the French Consumer Code, IMAGINA is fully responsible towards the consumer for the proper execution of the obligations resulting from the contract concluded at a distance. As such, IMAGINA is responsible to you for the proper transmission of the ticket and, if applicable, the proper execution of the payment. You are reminded that the decision to use IMAGINA's services rather than another ticket sales channel is your sole responsibility.

However, IMAGINA cannot be held responsible for the smooth running of the event or for the proper execution of the organizer's obligations, in particular with regard to the holding of the event and compliance with health and safety regulations.

IMAGINA acts solely on behalf of the organizer in the marketing of tickets, and you remain entirely responsible for the choice of event and organizer.

The ticket sales referred to herein are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.

n general, events take place under the sole responsibility of the organizer. IMAGINA acts on behalf of the organizer within the limited framework of ticket sales. IMAGINA shall not be held liable for any reason beyond its control, including but not limited to:

• Cancellation of the event,
• Modification of the event by the organizer,
• Postponement of the event,
• And in general, any incident that may occur during the event.

PERSONAL DATA

The personal data you provide will only be used to complete the transaction and to keep proof of it. This information also enables us to send you the ticket(s) you have ordered and, where possible, to contact you in the event of cancellation or modification of the date, time or location of an event for which you have registered. By default, this information is the surname, first name, e-mail address and telephone number of the participant, and sometimes, depending on the needs of the event organization, the company, the date of birth of the participant, his or her postal address, a photograph enabling him or her to be identified, and so on. For traceability purposes, the buyer's IP address and payment references with the banking service provider are also kept.

This data enables us to:

• Your identification,
• Verification that you are authorized to participate in the event,
• Verification of the conditions specific to one or other of the event's price categories,
• Interoperability with third-party access control solutions,
• Distribution of practical information about the event,
• Preservation of proof of the transaction.

You are reminded that the organizer sets the parameters of the event himself before the ticket is sold, so that the personal data processed is more generally all the information whose communication will be requested by the organizer when setting the parameters of the event.

At any time, you have the right to access and rectify any data concerning you that IMAGINA collects and retains as part of its own obligations (art. 34 of the French Data Protection Act of January 6, 1978). Simply send a request by post to : IMAGINA - 110 avenue de la Marne, 56000 VANNES. The www.imagina.com website is registered with the CNIL and has the number n°2014795.

By validating your order, you agree to IMAGINA transmitting your personal data to the organizer. Please note that it is the organizer who informs IMAGINA of the data he intends to obtain. Any acceptance of an order therefore implies recognition of the transmission of the information provided to the organizer. In accordance with legal provisions, the transmission of data is necessary for the proper execution of the contract between you and the organizer. In this respect, IMAGINA cannot be held responsible for any use that may be made of this data by the organizer. You may also exercise your rights directly with the event organizer (right of access, rectification, deletion and opposition, right to limit processing, right to data portability, right not to be the subject of an automated individual decision (including profiling).

Finally, we inform you that we may also pass on your data to our own service providers. We make every effort to ensure that our service providers maintain the confidentiality of your data.

IMAGINA CUSTOMER SERVICE

For any information or questions, IMAGINA's customer service is at your disposal at the following e-mail address: contact@imagina.com.

The organizer remains the main contact for non-technical questions concerning tickets.

LEGAL NOTICE

The https://imagina.com/ website and IMAGINA applications are published by IMAGINA, a SAS with capital of 15,000 euros, registered in the Vannes Trade and Companies Register under number 821 745 593, with its head office at:

110 Avenue de la Marne 56000 VANNES, and can be reached on 02 21 02 22 61 or at contact@imagina.com. The company's VAT number is FR 27821745593.

The publication manager is Mr Steve COTONNEC, whose address is given above.

Any complaint or notification should be sent to the e-mail address contact@imagina.io or by post to the above address.

ACCEPTANCE OF TERMS AND CONDITIONS

By validating the order, you accept the order and the entirety of these General Terms and Conditions of Sale, without reservation. The data recorded by IMAGINA are authentic and constitute proof of all transactions. You also accept any general terms and conditions of the organizer that may have been sent to you, which will supplement the present terms and conditions.

There is no charge for using the Services.

The cost of telephone communications and Internet access shall be borne by the Visitor or User.

The sign was the subject of a trademark application filed with INPI by IMAGINA on 18 October 2016 and registered under number 4308142.

The domain name https://imagina.com/ the brand IMAGINA and the logo of IMAGINA are protected. These elements may not be used without the express authorisation of IMAGINA. The same applies to the distinctive signs of the Partners.

The Visitor or User acknowledges that the content, including without limitation, the texts, the Partner database, the computer programs, music, sounds, photos, graphics and videos on the Site and/or the Applications are protected by copyright, trademark law or any other rights and laws relating to intellectual property. The Visitor or User acknowledges that he/she is only authorised to use these elements and information within the limits expressly set out herein.

Any use not expressly authorised by IMAGINA under the General Conditions is illicit, in accordance with articles L.122-4 and L.122-6 of the Intellectual Property Code. In particular, it is forbidden for the User or Visitor to proceed to :

• any representation, distribution or marketing of the elements of the Site, the Applications and the Services, whether free of charge or against payment ;
• any form of use of the Site, the Applications and the Services in any way whatsoever for the purpose of designing, producing, distributing or marketing a similar, equivalent or substitute service ;
• any direct or indirect provision of the Site, the Applications and the Services for the benefit of a third party, in particular by rental, transfer or loan, even free of charge, except in the case of prior written agreement from IMAGINA ;
• any use for treatment not authorised by IMAGINA.

Furthermore, the Website and/or the Applications are a database belonging to IMAGINA and accessible to Users and/or Visitors.

The User and the Visitor have no right to reproduce, adapt, translate or represent the database outside the limits strictly defined in the General Conditions.

In application of articles L342-1 and following of the Intellectual Property Code, the User and the Visitor are prohibited from :

• to extract by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the content of the Site and/or the Applications onto another medium, by any means and in any form whatsoever,
• to re-use all or a qualitatively or quantitatively substantial part of the content of the Site and/or the Applications by making it available to the public,
• to repeatedly or systematically extract or reuse qualitatively or quantitatively insubstantial parts of the content of the Site and/or the Applications when these operations manifestly exceed the normal conditions of use of the Site and/or the Applications ;
• to commercially exploit its access rights to the Site and/or the Applications with third parties.

IMAGINA reserves the right to terminate the General Conditions and to take any action to sanction any infringement of its intellectual property rights.

IMAGINA grants the Visitor and the User a non transferable and non exclusive right to use the Website, the Applications and the Services.

The granting of the right to use the Site, the Applications and the Services does not entail the transfer of any right of ownership of the Site, the Applications and the Services to the Visitor or the User.

The Visitor and the User undertake to use the Services for their own needs only.

Generalities
Imagina undertakes to take all possible care in the execution of the General Conditions. In this respect, and for all the obligations incumbent upon it, it is bound by an obligation of means.

The responsibility of IMAGINA is the host regime, of the technical intermediary. The modalities of notification of inaccurate or illicit statements or those of an offensive, discriminatory or defamatory nature are provided for in article 11 of the General Conditions.

IMAGINA is not responsible for any use of the Services that does not comply with the General Conditions.

IMAGINA declines any responsibility in case of possible prejudice that could result from the unavailability of the Website and/or the Applications or from a connection problem to the Website and/or the Applications.

IMAGINA will not be responsible for any loss or damage that may result from the loss or fraudulent use of passwords and/or login.

In addition, IMAGINA shall not be liable for any delay or failure to fulfil its contractual obligations as a result of force majeure as defined by the courts.

The Party believing that an event of force majeure has occurred shall immediately notify the other Party in writing of such circumstances and of the time when it believes that the event may end.

In any case, IMAGINA is only liable for direct and foreseeable damages suffered by the Visitor and/or the User, excluding indirect damages as defined by the French courts.

Information provided by the Partners

IMAGINA distributes and makes available to Visitors or Users information transmitted by Partners.

IMAGINA cannot verify or guarantee the truthfulness, completeness and accuracy of the information provided.

IMAGINA shall not be held responsible for any errors, whether obvious or not, and for any imprecise, misleading or erroneous information, or any lack of information whatsoever.

IMAGINA certifies to the User that it holds insurance covering its professional civil liability limited to material and physical damage directly related to the execution of the Services for the purposes of these General Conditions and subscribed with a solvent company.

Any User or Visitor who considers that certain information available on the Site and/or the Applications is inaccurate, or even illicit, or is offensive, discriminatory or defamatory, is invited to submit a notification.

The User or Visitor must bring to the attention of IMAGINA any message that advocates crimes against humanity, incites racial hatred, touches on child pornography, incites violence or violates human dignity.

Notification shall take the form of an email sent to the address contact@imagina.com or via a contact form made available on the Site and/or the Applications in which the User or Visitor shall state his/her surname, first names, address and a description of the disputed facts.

The notification must include a description of the disputed facts and their precise location on the platform, the reasons why the content must be removed, including a reference to the legal provisions and justifications of the facts.

The attention of the User or Visitor, author of a notification, is drawn to the fact that an inaccurate denunciation is likely to expose him/her to penal sanctions and he/she agrees to guarantee IMAGINA of the possible consequences of an improper notification.

IMAGINA undertakes to react promptly to any notification from a User or Visitor made in the correct form and at first sight founded.

IMAGINA will take care to preserve the anonymity of the User or Visitor, author of the litigious remarks, while reserving the right to take any useful measure against him.

The User of the Website and/or the Applications may send IMAGINA criticism, comments or any other content; submit suggestions, ideas, questions or any other information as long as this content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or prejudicial to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of "spam".

The User shall not use a false email address, impersonate any person or entity, or lie about the origin of the content. IMAGINA reserves the right, at its sole discretion, to remove or modify any content.

In accordance with the modified law n° 78-17 of January 6, 1978, called "Informatique et Libertés", IMAGINA is registered with the CNIL under the receipt number 2014795.

No personal data is collected without the knowledge of the User or Visitor by IMAGINA. Any User or Visitor is informed that the personal data he/she communicates through the forms present on the Site and/or the Applications are necessary to answer his/her request.

The User or Visitor is informed that the information collected is subject to computer processing for the purpose of carrying out operations relating to customer management concerning : contracts; orders; invoices; accounting and management of customer accounts; a loyalty programme; monitoring customer relations such as satisfaction surveys, management of complaints and after-sales service; carrying out operations relating to canvassing; carrying out solicitation operations; the preparation of commercial statistics; the organisation of competitions, lotteries or any promotional operation, excluding online gambling; the management of requests for access, rectification and opposition rights; the management of unpaid bills and disputes; the management of people's opinions on products, services or content.

IMAGINA indicates to the User or Visitor the data that are mandatory for the execution of the Services by means of the following sign: ' * '. If the User or Visitor does not respond to the fields indicated as mandatory, he/she will not be able to register and benefit from the Services provided by IMAGINA.

The recipient of the data are :

• people in charge of the marketing department, the sales department, the departments responsible for handling user relations and canvassing, the administrative departments, the IT and technical departments and their line managers ;
• IMAGINA's subcontractors.

In accordance with the law "Informatique et Libertés" of January 6, 1978 modified in 2004, any physical person benefits from a right of access and rectification to the information which concerns him/her, which he/she can exercise by contacting the company IMAGINA via the contact form or to the email address contact@imagina.com or by post to the address above.

The individual may also, on legitimate grounds, object to the processing of data concerning him or her.

In order to benefit from the functionalities offered by the Applications in an efficient manner, IMAGINA must be able to access the geolocation system of the User. In order to do so, IMAGINA shall obtain the express consent of the User when installing the Applications and before each use of the Services. The User gives his consent by clicking on the term "OK".

The User and the Visitor must ensure that they comply with the provisions of the French Data Protection Act of 6 January 1978, as amended, or more generally with any applicable standard. The User and the Visitor must carry out, if necessary, any additional declarative steps with the CNIL or any other competent entity.

Each Party undertakes to comply with the applicable regulations on the processing of personal data.

In this respect, IMAGINA undertakes to implement the necessary actions to bring the Application and its services into compliance with the General Data Protection Regulation (hereinafter the "GDPR") and the amended Data Protection Act of 6 January 1978 (hereinafter the "LIL").

IMAGINA only keeps personal data for the time necessary for the operations for which they have been collected and in compliance with the regulations in force (according to the criteria set out in simplified standard no. 48).

IMAGINA does not transfer data outside the European Union.

A cookie is a piece of information deposited on the hard disk of the Visitor's or User's computer by the Site/Application's server or by a third party server. A cookie makes it possible to memorise the choices made by a User or a Visitor and to easily recognise the User and the Visitor by means of a unique username.

For the management of the content of its Website and/or Applications, IMAGINA uses several technologies and in particular the Google Analytics solution, which deposits cookies on the User's and Visitor's terminal.

The cookies used are for the purpose of :

• share content with other users ;
• manage user accounts ;
• measure the audiences of the Site and/or the Applications ;
• analyse the centres of interest of Users or Visitors.

In accordance with article 32-II of the law of 6 January 1978, IMAGINA informs the User and the Visitor by means of a banner that the continuation of their navigation implies their agreement to the installation and reading of cookies.

Some of the cookies placed by IMAGINA are necessary to provide a service expressly requested by the User (cookies identifying the session, authentification of the User, etc...). They will not be subject to prior consent.

Nevertheless, the User or Visitor may refuse the installation of cookies placed by IMAGINA on the hard disk of their computer by selecting the appropriate settings in their browser. The methods of setting the parameters for each browser are explained here.

Additional cookies are deposited by IMAGINA to carry out targeted advertising operations, audience measurement or to generate social network shares. In such cases, IMAGINA expressly obtains the consent of the User or Visitor, who has the option of refusing the cookies deposited by logging in here.

The cookies are kept by IMAGINA for 13 months. At the end of this period, IMAGINA will collect the consent of the User or Visitor again, when necessary.

If one or more of the provisions of these General Terms and Conditions are null and void in application of a law, a regulation or following a final decision of a competent court, they shall be deemed unwritten and shall not entail the nullity of the other provisions unless they are of a substantial nature. The Parties shall replace the invalid provisions by means of an amendment with new provisions that are legally valid and as close as possible to the intended meaning and purpose in legal and economic terms.

The fact that IMAGINA does not exercise, at any time, any of the prerogatives recognised in the General Conditions shall not be interpreted as an express or tacit waiver of the right to exercise said prerogative in the future.

The General Conditions are subject to French law.

Any dispute or disagreement relating to the formation, validity, interpretation or execution of the General Conditions shall be settled amicably between the Parties as a matter of priority.

In case of persistent disagreement between IMAGINA and a User, the competent court will be at the choice of the User :

• that of the defendant's place of residence in France ;
• that of the place where the User resided at the time of the conclusion of the contract or the occurrence of the harmful event.