La loi c'est moi, et l'ordre.

Judge Dredd

Mentions Légales

En vigueur au 30/06/2021

Conformément aux dispositions des Articles 6-III et 19 de la Loi n°2004-575 du 21 juin 2004 pour la Confiance dans l’économie numérique, dite L.C.E.N., il est porté à la connaissance des Utilisateurs du site https://www.avecpanache.co/ les présentes mentions légales. La connexion et la navigation sur le site par l’Utilisateur implique acceptation intégrale et sans réserve des présentes mentions légales. Ces dernières sont accessibles sur le site à la rubrique « Mentions légales ».

ARTICLE 1 : L’éditeur
L'édition du site https://www.avecpanache.co/ est assurée par l’association Panache, immatriculée Préfecture de Police de Paris sous le numéro W751255029 avec le numéro SIRET 88019785000014 dont le siège social est situé au 5 Cité Riverin 75010 PARIS, France, numéro de téléphone +33664996702, adresse e-mail : contact@avecpanache.co. Le Directeur de la publication est Pierre-Julien Bosser.

ARTICLE 2 : L’hébergeur
L'hébergeur du site https://www.avecpanache.co/ est la Société OVH, dont le siège social est situé au 2 rue Kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France

ARTICLE 3 : Accès au site
Le site est accessible par tout endroit, 7j/7, 24h/24 sauf cas de force majeure, interruption programmée ou non et pouvant découlant d’une nécessité de maintenance. En cas de modification, interruption ou suspension des services le site https://www.avecpanache.co/ ne saurait être tenu responsable.

ARTICLE 4 : Collecte des données
Le site assure à l'Utilisateur une collecte et un traitement d'informations personnelles dans le respect de la vie privée conformément à la loi n°78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés. En vertu de la loi Informatique et Libertés, en date du 6 janvier 1978, l'Utilisateur dispose d'un droit d'accès, de rectification, de suppression et d'opposition de ses données personnelles. L'Utilisateur exerce ce droit.

ARTICLE 5 : Cookies
L’Utilisateur est informé que lors de ses visites sur le site, un cookie peut s’installer automatiquement sur son logiciel de navigation. En naviguant sur le site, il les accepte. Un cookie est un élément qui ne permet pas d’identifier l’Utilisateur mais sert à enregistrer des informations relatives à la navigation de celui-ci sur le site Internet. L’Utilisateur pourra désactiver ce cookie par l’intermédiaire des paramètres figurant au sein de son logiciel de navigation. 

ARTICLE 6 : Propriété intellectuelle
Toute utilisation, reproduction, diffusion, commercialisation, modification de toute ou partie du site https://www.avecpanache.co/,  sans autorisation de l’Editeur est prohibée et pourra entraîner des actions et poursuites judiciaires telles que notamment prévues par le Code de la propriété intellectuelle et le Code civil.

Conditions Générales d'Utilisation (CGU)

En vigueur au 30/06/2021

1. Purpose
The following general terms and conditions (“Terms”) are intended to define the terms of use of the services offered on the website www.avecpanache.co and (hereinafter Our Website”) Services”.

They can be accessed and printed at any time through a direct link at the bottom of the Our Website’s homepage. They may be supplemented, when appropriate, by special terms and conditions specific to certain Services. In the event of contradictions, the special terms and conditions shall prevail over the general terms and conditions.

2. Service Provider
The Services are conceived and, where applicable, provided by Panache, a non-profit association, registered with the Préfecture de Police of Paris under number W751255029, SIRET number: 88019785000014 whose registered office is at 5 Cité Riverin 75010 PARIS, France (hereinafter: “Panache”).

”Panache" can be contacted at the following:
- Mailing address: 5 Cité Riverin 75010 PARIS
- Email: contact@avecpanache.co

3. Service Access
The Services are available to individuals and legal entities registered according to the process described in article 5 below, provided the following conditions are met (hereinafter the “Users”):
- Individuals must have full legal capacity to agree to the present terms and conditions.
- Individuals without full legal capacity can only access Our Website and Services with the consent of their legal guardian or representative.
- Legal entities must act through individuals with full legal capacity and authority to contract in the name and on behalf of the legal entity.

4. Acceptance of the General Terms and Conditions**
Acceptance of the present general terms and conditions is acknowledged by checking a box that must be ticked in order to either (i) register to panache newsletter (ii) complete the registration process which permits access to the Services, according to the process described in article 5 below. This acceptance can only be full and unequivocal. All adherence made with reservations will be considered null and void. Persons who do not wish to be bound by the following general terms and conditions must not use the Services.

5. Registration
Use of the Services, requires registration in one of the following ways:
- either on the Website, as chosen by the person who wishes to become a User of the Services, by filling in the form provided for that purpose,
- or via email after contacting a Panache representative.

Whatever the mode of registration, the future User must provide all information marked as mandatory and, as the case may be, tick the agreement box of the present general terms and conditions. Incomplete registrations will not be validated.

The User guaranties that all information provided during the registration process is true, up-to-date and sincere, and is not misleading.

The User commits to updating the information in their Personal Space when a change occurs, so that the information remains true, up-to-date, sincere and not misleading.

The User is informed and accepts that the information provided during the creation and updating of their Account is proof of their identity. The information provided by the User is binding as soon as it is validated.

6. Using Our Website
6.1 Third-Party Content on Our Website
Content from other users, advertisers, and other third parties is made available to you through Our Website. Content means any work of authorship or information, advertisements, comments, opinions, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Our Website (“Content”). Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

We generally cannot be held liable for claims arising from the Content provided by third parties on Our Website.

6.2 Rules for all Users
You represent and warrant that you will use Our Website solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted on Our Website ("Your Content"). You understand that you may expose yourself to liability if Your Content or other use of Our Website violates applicable law or any third-party right.

You agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with a company;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in any applicable law, rule or regulation;
- Except as expressly approved by us, use Our Website for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a endorsement or partnership of any kind with Our Website without our express written permission;
- Introduce software or automated agents to Our Website, or access Our Website so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Our Website without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of Our Website into any website, or "deep-link" to any portion of Our Website without our express written permission;
- Copy, modify or create derivative works of Our Website or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on Our Website in connection with a competitive service, as determined by Our Website;
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to Our Website or any Content (excluding Your Content) without our express written permission;Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Our Website;
- Interfere with, disrupt, or create an undue burden on Our Website or the networks or services connected to Our Website;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Our Website;
- or Attempt to circumvent any security feature of Our Website.

6.3 Links to Third-Party Websites
Our Website may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Our Website, our terms and policies do not govern your use of third-party websites.

7. Enforcement
7.1. Enforcement Actions
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Our Website; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

7.2 Rights to Your Content
We do not claim ownership in any Content that you submit to Our Website but you grant us the rights to use such Content as set forth below. To the extent your Content contains personal information, this personal information are protected by our privacy policy.

By submitting any Content to Our Website, you hereby grant to us an unrestricted, irrevocable, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content, in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Our Website's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Our Website and to make Content submitted to or through Our Website available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Our Website. You should only submit Content to Our Website that you are comfortable sharing with others under the terms and conditions of these Terms.

7.3 Rights to Our Website Content
Our Website contains Content provided by us and. We own and retain all proprietary (including all intellectual property) rights in the Content we provide and Panache owns and retains all property rights in Our Website.

Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Our Website or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Our Website. The trademarks, logos and service marks ("Marks") displayed on Our Website are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

8. Indemnity
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Our Website, including due to or arising from your breach of any provision of these Terms.

9. Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Our Website. We are not responsible for any incorrect, inaccurate, or unlawful Content posted on Our Website, whether caused by users or by any of the equipment or programming associated with or utilized on Our Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Our Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Our Website. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Our Website or from any Content posted on Our Website or transmitted to users, or any interactions between users of Our Website, whether online or offline.

Our Website is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Our Website will meet your requirements; (2) Our Website will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Our Website will be accurate or reliable.

You hereby release Panache from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL PANACHE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PANACHE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED EUROS (€100).

10. Termination
These Terms remain in effect while you use Our Website and, for registered users, as long as your account remains open. You may delete your account at any time. 

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Our Website. For the avoidance of doubt, you agree that these Terms apply to your use of Our Website and any Content posted on Our Website at any time prior to the termination or expiration of these Terms.

11. Changes to Terms
We may revise these Terms from time to time by posting an updated version on Our Website. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Our Website is subject to the most current effective version of these Terms.

12. Governing law and Dispute Resolution
These general terms and conditions are governed by French law.
In the event of dispute over the validity, interpretation and/or execution of these Terms, the parties agree that the Paris courts shall have sole jurisdiction, unless otherwise stipulated by a mandatory procedural rule.

Règlement Général sur la Protection des Données (RGPD)

En vigueur au 30/06/2021

Panache is committed to ensure that the processing of personal data, carried from its Website is consistent with :

- Act n°78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties ;
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (« GDPR » below).

Article 1 – Subject-matter and objectives of the processing
This Privacy Policy aims to set out how PANACHE uses and protects any personal data supplied on its Website (« Website » below) and on its Application (« Application » below) and to define your rights and obligations. The Privacy Policy applies to any extension or declination of the Website and the Application.

This Privacy Policy also aims to inform you about the tools that PANACHE is undertaking in order to collect your personal data with the greatest respect for your rights.

Article 2 – Identity of the data controller
PANACHE
is always considered as the data controller for your personal data (« PANACHE » below).

If there are any questions regarding this privacy policy, you may contact us using the informations below :
- Postal address : 5 Cité Riverin 75010 PARIS
- Email : pierre@avecpanache.co

Article 3 – The acceptance requirement of this privacy policy
The acceptance of this privacy policy is identified by a checkbox in the registration form. This privacy policy only implies a full and entire acceptance. This acceptance applies together with (i) the general terms and conditions, (ii) the particular terms and conditions if needed be and (iii) with the cookies.

Any conditional subscription is considered void and invalid. The user who does not accept to be bound by this Privacy Policy may not access the Website and may not use any other services.

Article 4 – Definition and nature of personal data
During the use of the Website or the Application, PANACHE may contact you to provide your personal data.

4.1 Definition
In accordance with article 4 (1) of the GDPR, the term « personal data » means « any information relating to an identified or identifiable natural person ; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person ».

4.2 Personal data processedDuring the use of the Website or the Application, PANACHE may be attempted to contact you to provide the following categories of personal data :
- email address,
- statistics related to the newsletter service,
- Name,
- First name,
- Employer,
- Gender,

In accordance with article 22 (2) a, b and c of the GDPR, the processing of personal data requires an automated decision-making.

Article 5 – The purposes of personal data collection5.1 Purposes
Your personal data are collected in order to meet the following purposes:
- managing and providing your personal access to the services available on the Website and their using,
- constituting a filing system of subscribed members, users, customers and prospects,
- elaborating commercial statistics and statistics on PANACHE services attendance,
- managing people opinions about PANACHE products, services and contents,
- making content recommendations (advertising contents or not),
- enriching and customising the user experience,
- managing non-payments and potential litigation about the use of PANACHE products, services and contents,
- respecting PANACHE legal and regulatory obligations,
- managing and providing our newsletter.

During the collection of your personal data, PANACHE will inform you if some data are mandatory or if they are optional. PANACHE will also inform you about the potential consequences in the case you will not provide the personal data required.

5.2. Legal basis
Article 6 (1) a, b, c of the GDPR.

This data processing falls under your consent for the pursuit of the PANACHE activities and the respect of the legal obligations in which PANACHE is submitted according to the GDPR.

Article 6 – Your consent
6.1. Your consent to the processing
When you provide your personal data in order to subscribe to its newsletter, to request information via the contact form (https://www.avecpanache.co/contact) and to register to a training, PANACHE presumes that you provide your consent to the processing of your personal data and will only use them according to the purposes pursued in accordance with Article 5

.6.2. The withdrawal of your consent to the processing
If after providing your consent to PANACHE you change your mind and do not consent to the processing or to the disclosing of your personal data, you may contact us to withdraw your consent at :
- Postal address : 5 Cité Riverin 75010 PARIS
- Email : pierre@avecpanache.co

PANACHE will erase your personal data. 

Article 7 – Disclosing
PANACHE reserves the right to disclose your personal data if it is required by the laws to do so or if you infringe the PANACHE general terms and conditions of sale and PANACHE general terms and conditions of use.

Article 8 – The recipient of your personal data
The staff of PANACHE, the services responsible for controlling (auditors especially), the PANACHE managers and potentially our computing subcontractors are going to intervene for the good administration of the Website.PANACHE will not share any of your personal data to any commercial partners.May also be recipients of your personal data public authorities, for the sake of meeting the PANACHE legal obligations, as well as Court officers and ministerial officers.

Article 9 – Transfer of personal data
PANACHE may share your personal data with partner companies in cases where a joint training to which you registered is being held.

9.1 Legal Basis
Article 6(1) f of the GDPR,Article 13(1) d of the GDPR,Article 14(2) b of the GDPR.

Article 10 – The period for which personal data will be stored
10.1. Regarding the data for users management
Your personal data will not be stored beyond the necessary duration to the commercial relation with PANACHE. However, the data permitting to produce evidence of a right or a contract, shall be preserved on the grounds of the respect of a legal obligation during the period required by the legislation.

When you communicate your personal data in order to register to a training, to our newsletter, to inquire about our services via the contact form, we keep your data pour a period of 3 years.

10.1. Regarding the data for prospects and customers management
Your personal data will not be stored beyond the necessary duration to the commercial relation with PANACHE. However, the data permitting to produce evidence of a right or a contract, shall be preserved on the grounds of the respect of a legal obligation during the period required by the legislation.

Concerning potential marketing operations for customers, their data could be stored during a period of five years from the end of the commercial relation.

Personal data regarding prospects, could be stored during a period of three years from the end of the data collection or from the last contact with the prospect.

At the end of the deadline of three years, PANACHE may retake contact with you to know if you wish to continue to receive its commercial solicitations.

10.2. Concerning the management of opposition lists to receive prospection
The information permitting to take into account your opposition right are stored at least three years from the exercise of the opposition right.

10.3. Concerning audience statistics and measurements
The stored information in the users terminal or any other element used to identify users and permitting their traceability or their attendance will not be stored beyond five years.

10.4. Concerning the improvement of services
Your personal data permitting to improve the quality of PANACHE services will be stored for a period of five years.

10.5. Legal Basis
Article 5(1) e of the GDPR,Article 13 (2) c of the GDPR.

Article 11 - Security
PANACHE is taking all the necessary precautions, appropriated organisational and technical measures to preserve security, integrity and privacy of your personal data and especially, preventing that your data are distorted, damaged or that non authorized third parties have an access to them.

Your personal data are stored by Webflow, Inc. 398 11th Street, 2nd Floor, San Francisco, CA 94103, United States, EIN - 46-1068692

Article 12 – Cookies
PANACHE may use different kinds of cookies on its Website and its Application to improve its interactivities and its services.Cookies are small text files, that a Website or PANACHE services provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site or service provider’s systems to recognize your browser and capture and remember certain information. They are also used to help PANACHE to understand your preferences based on previous or current site activity, which enables it to provide you with improved services. PANACHE also uses cookies to help itself to compile aggregate data about site traffic and site interaction so that PANACHE may offer better site experiences and tools in the future. Lastly, the Website or the Application uses temporary cookies that requires user’s acceptation of those cookies.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It won’t affect the user’s experience that make your site experience more efficient.

Article 13 – Access to your personal data
13.1. Information and access to your personal data
In accordance with the Act n°78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties and the GDPR, you have a right to obtain communication and if needed be, rectification, portability or erasure of your personal data, through your online access to your record by writing to :
- Postal address : 5 Cité Riverin 75010 PARIS
- Email : julien@avecpanache.co

It is reminded that any person may, for legitimate reasons, oppose to the processing of its own data. The subject opposing to the processing of its personal data shall then be deemed to refuse the PANACHE general terms and conditions of use and will not be able to use both the Website and the Application.

13.2. Legal Basis
Article 13 of the GDPR concerning Information to be provided where personal data are collected from the data subject,

Article 14 of the GDPR concerning information to be provided where personal data have not been obtained from the data subject.

Article 14 - Modifications
PANACHE reserves the right to modify at any moment this Privacy Policy in whole or in part. These modifications come into effect from the publication date of the new Privacy Policy. Your use of the PANACHE Website after some modifications confirms your acknowledgment of the new Privacy Policy. If this new Privacy Policy does not suit you, you shall not access both the PANACHE Website.