Definitions

Customer: any professional or natural person capable within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Website covered by these terms and conditions.
Services and Service Provision: A Tribe Called GaaM makes available to Customers:

Content: All elements constituting the information present on the Website, in particular text – images – videos.

Customer Information: Hereinafter referred to as “Information(s)”, meaning all personal data that may be held by A Tribe Called GaaM for the management of your account, customer relationship management, and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned website.

Personal Information: “Information which allows, in whatever form, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Act No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “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 Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, the identity of the various parties involved in the creation and monitoring of the website https://www.tribe-gaam.com is specified for users:

Owner: SAS A Tribe Called GaaM Share capital of €8,000 VAT number: FR75898814728 – 23 square Saint-Charles 75012 Paris

Publication manager: A Tribe Called GaaM –contact@tribe-gaam.com
The publication manager is a natural person or a legal entity.

Webmaster: Chloé Garel – webmaster@tribe-gaam.com
Hosting provider: Ionos – 7 PLACE DE LA GARE 57200 SARREGUEMINES

2. General conditions of use of the site and services offered.

The Website constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Customer may in no way reuse, assign or exploit, for their own account, all or part of the elements or work of the Website.

Use of the website https://www.tribe-gaam.com implies full and complete acceptance of the general conditions of use described below. These terms of use may be amended or supplemented at any time, and users of the website https://www.tribe-gaam.com are therefore invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance reasons may nevertheless be decided by A Tribe Called GaaM, which will then endeavour to communicate the dates and times of the intervention to users in advance. The website https://www.tribe-gaam.com is updated regularly by A Tribe Called GaaM. 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 become aware of them.

3. Description of the services provided.

The website https://www.tribe-gaam.com aims to provide information concerning the full range of the company’s activities. A Tribe Called GaaM endeavours to provide information on the website https://www.tribe-gaam.com as accurately as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in updates, whether caused by itself or by third-party partners who provide it with this information.

All information indicated on the website https://www.tribe-gaam.com is provided for information purposes only and is subject to change. Furthermore, the information appearing on the website https://www.tribe-gaam.com is not exhaustive. It is provided subject to amendments made since it was put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held responsible for material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using up-to-date equipment that contains no viruses and with a latest-generation, updated browser. The site https://www.tribe-gaam.com is hosted by a provider in compliance with European regulations. The commitments made by the provider to comply with European legislation can be viewed on the Netlify website

The aim is to provide a service that ensures the best possible accessibility rate. The host ensures continuity of service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt hosting services for the shortest possible periods, in particular for maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.

A Tribe Called GaaM 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 relating to network congestion preventing access to the server.

5. Intellectual property and infringement.

A Tribe Called GaaM owns the intellectual property rights and holds the rights of use over all elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, by any means or process used, is prohibited, except with the prior written authorisation of: A Tribe Called GaaM.

Any unauthorised use of the site or of any of the elements it contains will be considered to constitute an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

6. Limitation of liability.

A Tribe Called GaaM acts as publisher of the site. A Tribe Called GaaM is responsible for the quality and accuracy of the Content it publishes.

A Tribe Called GaaM cannot be held responsible for direct or indirect damage caused to the user’s equipment, when accessing the website https://www.tribe-gaam.com, resulting either from the use of equipment not meeting the specifications stated in point 4, or from the appearance of a bug or incompatibility.

A Tribe Called GaaM cannot also be held responsible for indirect damage (such as, for example, loss of market or loss of opportunity) resulting from the use of the website https://www.tribe-gaam.com. Interactive spaces (the possibility of asking questions in the contact area) are available to users. A Tribe Called GaaM reserves the right to remove, without prior formal notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where appropriate, A Tribe Called GaaM also reserves the right to bring the civil and/or criminal liability of the user into question, particularly in the event of a message of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. Personal data management.

The Customer is informed of the regulations concerning marketing communications, the Act of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 RESPONSIBLE PARTIES FOR THE COLLECTION OF PERSONAL DATA

For the Personal Data collected in connection with the creation of the User’s personal account and their navigation on the Site, the controller of the Personal Data is: A Tribe Called GaaM. A Tribe Called GaaM is represented by Thierry Malo, its legal representative

As the controller of the data it collects, A Tribe Called GaaM undertakes to comply with the framework of the legal provisions in force. In particular, it is the Customer’s responsibility to determine the purposes of its data processing, to provide its prospects and customers, from the collection of their consent, with complete information on the processing of their personal data and to maintain a register of processing operations that reflects reality. Each time A Tribe Called GaaM processes Personal Data, A Tribe Called GaaM takes all reasonable measures to ensure that the Personal Data is accurate and relevant in relation to the purposes for which A Tribe Called GaaM processes it.

7.2 PURPOSE OF THE DATA COLLECTED

A Tribe Called GaaM may process all or part of the data:

to enable navigation on the Site and the management and traceability of services and provision of services ordered by the user: connection and usage data for the Site, invoicing, order history, etc.
to prevent and combat computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed)
to improve navigation on the Site: connection and usage data
to carry out optional satisfaction surveys on https://www.tribe-gaam.com: email address
to carry out communication campaigns (SMS, email): telephone number, email address
A Tribe Called GaaM does not market your personal data, which is therefore used only when necessary or for statistical and analytical purposes.

7.3 RIGHT OF ACCESS, RECTIFICATION AND OBJECTION

In accordance with applicable European regulations, users of https://www.tribe-gaam.com have the following rights:

Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completion of users’ data, right to restriction or erasure of users’ personal data (Article 17 GDPR), where such data is inaccurate, incomplete, ambiguous, out of date, or where collection, use, communication or retention is prohibited
right to withdraw consent at any time (Article 13-2c GDPR)
right to restriction of the processing of users’ data (Article 18 GDPR)
right to object to the processing of users’ data (Article 21 GDPR)
right to data portability for data provided by users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
right to determine the fate of users’ data after their death and to choose to whom A Tribe Called GaaM should disclose (or not disclose) their data to a third party previously designated by them
As soon as A Tribe Called GaaM becomes aware of the death of a User and in the absence of instructions from them, A Tribe Called GaaM undertakes to destroy their data, unless its retention proves necessary for evidential purposes or to comply with a legal obligation.

If the User wishes to know how A Tribe Called GaaM uses their Personal Data, requests that it be rectified, or objects to its processing, the User may contact A Tribe Called GaaM in writing at the following address:

A Tribe Called GaaM – DPO
23 square Saint-Charles 75012 Paris.
In this case, the User must indicate the Personal Data that they would like A Tribe Called GaaM to correct, update or delete, identifying themselves precisely with a copy of proof of identity (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on A Tribe Called GaaM by law, particularly in relation to the retention or archiving of documents. Finally, users of https://www.tribe-gaam.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 NON-COMMUNICATION OF PERSONAL DATA

A Tribe Called GaaM undertakes not to process, host or transfer information collected about its Customers to a country located outside the European Union or recognised as “inadequate” by the European Commission without first informing the customer. Nevertheless, A Tribe Called GaaM remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

A Tribe Called GaaM undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of A Tribe Called GaaM, it shall inform the Customer as soon as possible and communicate to them the corrective measures taken. Furthermore, A Tribe Called GaaM does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of A Tribe Called GaaM and subcontractors (service providers), exclusively for the purposes of carrying out the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to the data of users of https://www.tribe-gaam.com are primarily the agents of our customer service department.

8. Incident notification

No matter how much effort is made, no method of transmission over the Internet and no method of electronic storage is completely secure. Consequently, we cannot guarantee absolute security. If we became aware of a security breach, we would notify the users concerned so that they could take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to inform our customers fully of all matters relating to the security of their account and to provide them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the user of the website https://www.tribe-gaam.com is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the possibility of the sale of https://www.tribe-gaam.com and its rights would allow the transmission of said information to the potential purchaser, who would in turn be bound by the same obligation to retain and amend the data in relation to the user of the site https://www.tribe-gaam.com.

SECURITY

To ensure the security and confidentiality of Personal Data, A Tribe Called GaaM uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and password protection.

When processing Personal Data, A Tribe Called GaaM takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, “cookies” and internet tags (“tags”)

The site https://www.tribe-gaam.com contains a number of hyperlinks to other sites, set up with the authorisation of A Tribe Called GaaM. However, A Tribe Called GaaM does not have the ability to verify the content of the sites thus visited and accordingly assumes no responsibility in this regard.

Unless you choose to disable cookies, you accept that the site may use them. You can disable these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that 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 information file sent to the User’s browser and stored within the User’s device (e.g. computer, smartphone), (hereinafter “Cookies”). This file contains 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 can in no way damage the User’s device.

A Tribe Called GaaM may process information about the User’s visit to the Site, such as the pages viewed and searches carried out. This information enables A Tribe Called GaaM to improve the content of the Site and the User’s navigation.

As Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure their browser so that it allows them to decide whether or not to accept them, so that Cookies are stored in the device or, conversely, are rejected, either systematically or according to their issuer. The User may also configure their browsing software so that acceptance or refusal of Cookies is offered from time to time, before a Cookie is likely to be stored on their device. A Tribe Called GaaM informs the User that, in this case, some of the functionalities of their browsing software may not be available.

If the User refuses the storage of Cookies in their device or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the Site may be limited. This may also be the case where A Tribe Called GaaM or one of its providers cannot recognise, for technical compatibility reasons, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.

Where applicable, A Tribe Called GaaM declines all responsibility for the consequences linked to the degraded operation of the Site and of the services possibly offered by https://www.tribe-gaam.com, resulting from (i) the User’s refusal of Cookies (ii) the impossibility for https://www.tribe-gaam.com to record or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser help menu, which will allow the User to know how they can change their Cookie preferences.

At any time, the User may choose to express and modify their Cookie preferences. A Tribe Called GaaM may also use external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the A Tribe Called GaaM Site or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Website or the mobile version of https://www.tribe-gaam.com, Twitter, Facebook, 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 on condition that you consent to this, by continuing to browse the Website or the mobile version of https://www.tribe-gaam.com. At any time, however, the User may withdraw their consent for https://www.tribe-gaam.com to place this type of cookie.

ARTICLE 9.2. INTERNET TAGS (“TAGS”)

https://www.tribe-gaam.com may occasionally use Internet tags (also called “tags”, action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and single-pixel GIFs) and deploy them via a specialist Web analytics partner who may be located in a foreign country (and therefore store the corresponding information, including the User’s IP address).

These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.

This technology enables A Tribe Called GaaM to assess 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 User’s use of this Site.

The external provider may possibly collect information about visitors to the Site and other websites through these tags, produce reports on the Site’s activity for A Tribe Called GaaM, and provide other services relating to its use and to the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the website https://www.tribe-gaam.com is subject to French law. Except where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Paris.