OH Performance, a company committed to individuals’ rights, particularly with regard to automated processing and in a spirit of transparency with its customers, has implemented a policy that outlines all such processing, the purposes pursued by them, and the means available to individuals to exercise their rights to the fullest extent possible.
For any further information on the protection of personal data, we invite you to consult the website: https://www.cnil.fr/
Continued navigation on this site constitutes unconditional acceptance of the following provisions and terms of use.
The currently online version of these terms of use is the only one enforceable for the entire duration of site use and until a new version replaces it.
Therefore, in accordance with Article 6 of Law No. 2004-575 of June 21, 2004, known as the “Confidence in the Digital Economy Act,” the administrators of this website https://www.oh-performance.com are:
Article 1 – Legal Information
1.1 Site:
https://www.oh-performance.com
1.2 Publisher:
OH Performance, an individual company
with its headquarters located in L’Hospitalet de Llonregat
represented by Olivier Hagmann,
1.3 Host:
https://www.oh-performance.com is hosted by o2switch, with its headquarters located at Chemin des Pardiaux – 63000 Clermont-Ferrand.
Article 2 – Site Access
Access to and use of the site are strictly reserved for personal use.
You agree not to use this site and the information or data contained
therein for commercial, political, advertising purposes, and any form of
commercial solicitation, including sending unsolicited emails.
Article 3 – Site Content
All trademarks, photographs, texts, comments, illustrations, images, whether animated or not, video sequences, sounds, as well as all computer applications that may be used to operate this site and, more generally, all elements reproduced or used on the site are protected by current laws regarding intellectual property.
They are the exclusive property of the publisher or its partners. Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The publisher’s failure to initiate legal proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of said uses and waives prosecution.
Article 4 – Site Management
For the proper management of the site, the publisher may, at any time:
- suspend, interrupt, or limit access to all or part of the site, reserve access to the site or certain parts of the site for a specific category of users;
- delete any information that may disrupt the operation of the site or is in violation of national or international laws;
- suspend the site to perform updates.
Article 5 – Responsibilities
The publisher cannot be held liable in the event of failure, breakdown, difficulty, or interruption of operation, preventing access to the site or any of its features.
The equipment used to connect to the site is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, particularly against internet-based viral attacks. You are solely responsible for the sites and data you consult.
The publisher cannot be held liable in the event of legal proceedings against you:
- due to your use of the site or any service accessible via the internet;
- due to your failure to comply with these terms and conditions.
The publisher is not responsible for any damage caused to you, third parties, and/or your equipment as a result of your connection or use of the site, and you waive any action against the publisher in this regard.
If the publisher were to become the subject of an amicable or legal proceeding due to your use of the site, it may seek compensation.
Article 6 – Hypertext links
The establishment by users of any hypertext links to all or part of the site is strictly prohibited, except with the prior written authorization of the publisher. The publisher is free to refuse this authorization without having to justify its decision in any way. In the event that the publisher grants authorization, it is in any case temporary and may be withdrawn at any time, without any obligation to justify the decision on the part of the publisher. Any information accessible via a link to other websites is not published by the publisher. The publisher has no control over the content contained in such links.
Article 7 – Collection and protection of data
Your data is collected by the company Oh Performance. Personal data refers to any information concerning an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number, or one or more specific elements specific to their physical, physiological, genetic, mental, economic, cultural, or social identity. The personal information that may be collected on the site is mainly used by the publisher for managing customer relations and, where applicable, for order processing. The personal data collected is as follows:
- Name and surname
- Address
- Email address
- Phone number
- Financial data: In the context of payment for products and services offered on the platform, financial data relating to the user’s credit card is recorded.
Article 8 – Right of access, rectification, and dereferencing of your data
In accordance with the regulations applicable to personal data, users have the following rights:
- The right of access: Users can exercise their right of access to know the personal data concerning them by writing to the email address mentioned below. In this case, before implementing this right, the platform may request proof of the user’s identity to verify its accuracy.
- The right of rectification: If the personal data held by the platform is inaccurate, users can request the updating of the information.
- The right to erasure of data: Users can request the deletion of their personal data, in accordance with the applicable data protection laws.
- The right to restrict processing: Users can request the platform to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
- The right to object to the processing of data: Users can object to their data being processed in accordance with the hypotheses provided for by the GDPR.
- The right to data portability: Users can request that the platform provide them with the personal data they have provided to transmit it to a new platform.
You can exercise this right by contacting us at the following email address: contact.ohperformance@gmail.com. Any request must be accompanied by a photocopy of a valid signed identity document and specify the address at which the publisher can contact the requester. A response will be sent within one month of receiving the request. This period may be extended by two months if the complexity of the request and/or the number of requests so requires.
In addition, and since Law No. 2016-1321 of October 7, 2016, individuals have the right to organize the fate of their data after their death. For more information on this subject, you can consult the CNIL website: https://www.cnil.fr/. Users can also file a complaint with the CNIL on the CNIL website: https://www.cnil.fr. We recommend that you contact us first before filing a complaint with the CNIL, as we are at your disposal to resolve your issue.
Article 9 – Use of data
The personal data collected from users is intended to provide the services of the platform, improve them, and maintain a secure environment. The legal basis for the processing is the performance of the contract between the user and the platform. Specifically, the uses are as follows:
- Access and use of the platform by the user.
- Management of the platform’s operation and optimization.
- Implementation of user support.
- Verification, identification, and authentication of the data transmitted by the user.
- Personalization of services by displaying advertisements based on the user’s browsing history and preferences.
- Prevention and detection of fraud, malware, and security incidents.
- Management of any disputes with users.
- Sending commercial and advertising information, according to the user’s preferences.
- Organization of the conditions for the use of payment services.
Article 10 – Data retention policy
The platform retains your data for the duration necessary to provide you with its services or assistance. To the extent reasonably necessary or required to meet legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information, if necessary, even after you have closed your account or we no longer need it to provide our services.
Article 11 – Sharing of personal data with third parties
Personal data may be shared with third-party companies exclusively within the European Union in the following cases:
- When the user uses payment services, the platform is in contact with third-party banking and financial companies with which it has contracted for the implementation of these services.
- When the user posts information accessible to the public in the free comment areas of the platform.
- When the user authorizes a third-party website to access their data.
- When the platform uses service providers to provide user support, advertising, and payment services. These providers have limited access to the user’s data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable regulations regarding the protection of personal data.
- If required by law, the platform may transmit data to respond to claims against the platform and comply with administrative and judicial procedures.
Article 12 – Cookies
What is a “cookie”?
A “Cookie” or tracker is an electronic file deposited on a terminal (computer, tablet, smartphone, etc.) and read, for example, when browsing a website, reading an email, installing or using software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).
By browsing this site, “cookies” from the company responsible for the relevant site and/or third-party companies may be deposited on your terminal. During the first navigation on this site, an explanatory banner on the use of “cookies” will appear. From then on, by continuing to browse, the customer and/or prospect will be deemed informed and to have accepted the use of said “cookies.” The given consent will be valid for a period of thirteen (13) months. The user has the possibility to disable cookies from the settings of their browser.
All information collected will only be used to track the volume, type, and configuration of traffic using this site, to develop its design and layout, and for other administrative and planning purposes, and more generally to improve the service we offer you.
The following cookies are present on this site:
The lifespan of these cookies is thirteen months.
Article 13 – Photographs and representation of products
The photographs of products accompanying their description are not contractual and do not bind the publisher.
Article 14 – Applicable law
These terms of use of the site are governed by French law and are subject to the jurisdiction of the courts of the publisher’s registered office, subject to a specific allocation of jurisdiction resulting from a specific legal or regulatory provision.
Article 15 – Contact us
For any questions, information about the products presented on the site, or regarding the site itself, you can leave a message at the following address: contact.ohperformance@gmail.com.