Privacy Policy

1. DATA CONTROLLER / CONTACT

This privacy policy is intended to help understand how your personal data is collected, processed and stored by NESTIA TECHNOLOGY (hereinafter "NESTIA TECHNOLOGY", "we", "us" and "our"), responsible for the processing within the meaning of European regulations on the protection of personal data. NESTIA TECHNOLOGY is a SAS company with a capital of 1000 euros, registered in the Trade and Companies Register of Evry under number 893611517, whose headquarter is located at 8 rue Adrienne Bolland, 91220 Le Plessis-Pâté, France.

NESTIA TECHNOLOGY can be reached via the following means of contact:

  • Via privacy@ypper.tech
  • Or directly on the website https://ypper.tech

2. WHEN ARE YOUR PERSONAL DATA COLLECTED?

We receive and process a certain amount of information, which may include personal data about you when you access and use our sites and mobile applications in different ways:

  • When you provide us with your personal data directly by completing a registration or contact form provided for this purpose on our sites and mobile applications
  • When you link your account on the sites or mobile applications to an account opened on a third-party site or social network or within the limits permitted by the confidentiality settings that you have defined on this third-party site or social network.
  • Via the log files of our servers and via our "cookie" type monitoring tools and technologies present on our sites and mobile applications, we follow your activity and the way in which you use our sites or mobile applications.

For more information on the cookies we use, please refer to our cookie policy by clicking on this link here.

3. PROCESSING OF PERSONAL DATA BY NESTIA TECHNOLOGY

We collect the following data: surname / first name, email address, postal address, IP address, geolocation data, bank data and telephone number.

Why do we collect your personal data?

We collect your personal data in order to identify you when using our sites or mobile applications and in order to send you messages related to the proper administration of these (e.g. confirmation of registration, modification of the site or the conditions of use, etc…). We collect your personal data in order to invoice you and deliver your order.

What categories of personal data do we collect for this purpose?

  • Identification data
  • Login data

What is the legal basis allowing us to collect your personal data for such a purpose?

This processing has the legal basis of the execution of the contract binding us when you accept our general conditions when creating an account.

4. RECIPIENTS OF PERSONAL DATA

In our capacity as data controller, we will be the first recipients of your personal data. Your data will be more specifically processed by the following personnel within NESTIA TECHNOLOGY: engineering department We may also share your personal data with third parties in the following situations:

  • Your personal data may be communicated if necessary to the police authorities (on judicial requisition) or to any person legally authorized to receive this information (on court order).

5. HOW WILL YOUR PERSONAL DATA BE HOSTED?

We take care to secure personal data in an adequate and appropriate manner and have taken the necessary precautions to preserve and ensure that our hosting subcontractors preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated. to unauthorized persons.

Your data is hosted by OVH, whose head office is located at 2 rue Kellermann, 59100 Roubaix, France.

All the personal data collected is hosted in Europe or in countries recognized by the European Commission as benefiting from adequate protection of personal data.

6. DURATION OF STORAGE OF PERSONAL DATA PROCESSING

Any personal data will be destroyed immediately upon deletion of the user's account.

Your personal data will also be destroyed if you have not logged into your user account for a period of more than twelve (12) months.

They will then be archived on separate databases in order to meet our legal obligations for a period not exceeding five (5) years from their archiving.

7. EXERCISE OF LEGAL RIGHTS

In accordance with European regulations on the protection of personal data, you have the following rights:

  • A right of access allowing you at any time to know whether your personal data is or is not processed by our services and when it is, to have access to said personal data and to the information required by law concerning the methods of processing this data,
  • A right of rectification allowing you to request that any inaccuracy concerning the personal data concerning you be corrected as soon as possible,
  • A right to erasure, allowing you to request that your personal data be erased as soon as possible, provided that this erasure request complies with the conditions required by applicable law,
  • A right to limit the processing of your personal data, provided that this request for limitation complies with the conditions required by applicable law,
  • A right to portability allowing you to receive your personal data in a structured, commonly used and machine-readable format, or to request that this personal data be transmitted to another data controller, provided that this portability request complies with the conditions required by applicable law,
  • A right to oppose the processing of your personal data for reasons relating to your particular situation, provided that this opposition complies with the conditions required by applicable law,
  • The right to withdraw at any time the specific consent given to the collection of your personal data, in particular when the processing of your personal data is used for commercial prospecting purposes,
  • The right to define directives relating to the storage, erasure and communication of your personal data after your death.

These rights may be exercised by contacting us directly at the following email address: privacy@ypper.tech. With regard to the withdrawal of your consent for commercial prospecting purposes, an unsubscribe link will also be provided in any commercial solicitation addressed to you directly.

Complaints relating to the use of your personal data can, if necessary, also be addressed to the Commission Nationale de l'Informatique et des Libertés, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX

Terms of Service

These General Terms and Conditions of Use are current as of September 15, 2022.

PREAMBLE

These General Conditions of Use (the "Conditions", "Terms" or taken together, the "Agreement") cover the Ypper website accessible at the address http://ypper.tech (hereinafter the "Website") ).

The Website is published by NESTIA TECHNOLOGY, SAS with a capital of 1,000 euros, having its main office located at 8 rue Adrienne Bolland, 91220 Le Plessis-Pâté, France and registered in the trade and companies register of Évry under the number of identification 893611517, (hereinafter "the Publisher").

The Website is accessible to users (the "User(s)"). The Website is hosted by OVH, SAS, whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France. This host can be contacted directly via his website.

The purpose of these Terms is to define the terms and conditions governing the relationship between Users and NESTIA TECHNOLOGY. In the event of non-compliance with the terms of these Conditions, NESTIA TECHNOLOGY reserves the right to take any measure likely to protect its interests and in particular to ensure their execution.

By downloading, installing, connecting and/or using the Website, the User undertakes to comply with all of these Conditions without any reservations. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Website on behalf of a company or any other legal entity, he is nevertheless personally bounded by this Agreement.

1. PURPOSE OF THE WEBSITE

The Website allows the User to access, in particular and in a non-exhaustive manner, the following services: Presentation of Ypper Labs and its mobile or web application development services (the "Service(s)").

NESTIA TECHNOLOGY, according to these Conditions, grants Users a revocable, non-exclusive, non-transferable limited right of access to the Services on a strictly personal basis. Any use of the Services contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.

2. ACCESS TO THE WEBSITE

To be eligible for the Services, the User may be a natural or legal person. If the User is a natural person, he must have reached the age of 18 and have full legal capacity. NESTIA TECHNOLOGY reserves the right to suspend or refuse access for one or more Users to the Services.

3. WEBSITE MANAGEMENT

The Publisher implements the necessary technical solutions to allow continuous access to the Services for the User. However, it reserves the right to limit or suspend access to all or part of the Services at any time, and without notice. Such an interruption may in particular be made necessary for maintenance reasons, or for any other reason deemed necessary for the proper functioning of the Services by the Publisher.

The use of the Services requires an internet connection and, if necessary, an internet browser. In order to guarantee the proper functioning of the Services, it is specified that the Services are optimized for:

  • a screen resolution of 1920x1080 pixels;
  • the latest versions of Chrome, Edge, Firefox and Safari browsers.

All hardware and software necessary to access and use the Services remain exclusively the responsibility of the User.

4. REPORTING

The user has the possibility of contacting the Publisher in order to report any unlawful or manifestly inappropriate behavior or content. Such a report may be made by email to the address contact@ypper.tech.

5. USE OF THE SERVICES

5.1. USER OBLIGATIONS

Users are prohibited:

  1. to transmit, publish, distribute, record or destroy any material, in particular the contents of the Services, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
  2. to disseminate data, information, or content of a defamatory, abusive, obscene, offensive, violent or inciting nature, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in force;
  3. to reference or create links to any content or information available from the Services, except with the express, prior and written consent of NESTIA TECHNOLOGY;
  4. to use information, content or any data present on the Services in order to offer a service considered competitive.
  5. to sell, exchange or monetize information, content or data present on the Services, without the express written consent of NESTIA TECHNOLOGY;
  6. reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in connection with any underlying intellectual property used to provide all or part of the Services;
  7. to use manual or automatic software or devices, coding robots or other means to access, explore, extract or index any page of the Website;
  8. to endanger or attempt to endanger the digital security of the Services. This includes attempts to monitor, scan or test the vulnerability of the system or network or to violate security or authentication measures without express prior authorization;
  9. counterfeit or use the products, logos, brands or any other element protected by the intellectual property rights of NESTIA TECHNOLOGY;
  10. to simulate the appearance or operation of the Webite, for example by applying a mirror effect;
  11. directly or indirectly disrupt the Services, or impose a disproportionate load on the Services infrastructure, or attempt to transmit or activate computer viruses through or on the Services.

It is recalled that breaches of system or network security may lead to civil and criminal prosecution. NESTIA TECHNOLOGY verifies the absence of such violation and may appeal to the judicial authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Services fairly, in accordance with its purpose and the legal and regulatory provisions, these Conditions and the practices in force.

5.2. CLIENT ACCOUNT OF USERS

The Publisher reserves certain Services for users who have registered via the Website. When registering, the user agrees to provide valid and sincere information. In particular, he undertakes to provide the Publisher with an email address so that the latter can communicate information to him.

Any information communicated by email from the Publisher to the User will be deemed to have been read by the latter.

Any user regularly registered for the Services may request the deletion of his customer account, the Publisher undertakes to delete the customer accounts for which he has received such a request.

Customers' personal data is deleted after 12 months without the customer logging in.

6. INTELLECTUAL PROPERTY

All Website content, including designs, text, graphics, images, videos, information, logos, icon-buttons, software, audio files and others belongs to NESTIA TECHNOLOGY, which is the sole holder of all rights of related intellectual property.

Any representation and/or reproduction and/or partial or total exploitation of the content and Services offered, by any process whatsoever, without the prior written authorization of NESTIA TECHNOLOGY, is strictly prohibited and could give rise to legal proceedings.

7. PERSONAL DATA

All personal data available to NESTIA TECHNOLOGY is collected legally and fairly in accordance with the terms of the privacy policy accessible here.

This data is provided by Users who voluntarily and expressly accept these Conditions authorizing NESTIA TECHNOLOGY to process, disclose or transfer this data to any third party in order to allow (i) the User to take full advantage of the Services, (ii ) prevent fraud and/or (iii) for statistical purposes.

In order to facilitate the use of the Services and to personalize the User's experience of the Services, NESTIA TECHNOLOGY uses cookies and log files. The use of cookies can be deactivated by modifying the settings of the internet browser.

Personal data is stored by NESTIA TECHNOLOGY for processing in the context of the use of the Services. They are kept for as long as necessary for the provision of the Services.

The User always remains the owner of the information concerning him that he transmits to NESTIA TECHNOLOGY. He has, in accordance with Law No. 78-17 of January 6, 1978 according to its version consolidated on March 24, 2020, a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of this data to third parties for valid reasons.

The User may exercise his rights by writing to the following email address: privacy@ypper.tech.

A response to the User's request will be sent to him within 30 days.

8. RESPONSIBILITY

It is recalled that the data published by Users and the information shared by them may be captured and used by other Users or third parties. In this sense, NESTIA TECHNOLOGY does not guarantee respect for the ownership of this data, it is the responsibility of the User to take all the necessary measures to preserve the ownership of their data.

NESTIA TECHNOLOGY does not guarantee the uninterrupted or error-free operation of the Services, in particular, NESTIA TECHNOLOGY cannot be held liable in the event of interruption of access to the Services due to maintenance operations, updates or technical improvements.

In any case, NESTIA TECHNOLOGY cannot under any circumstances be liable for indirect or unforeseeable losses or damages of the User or any third party, which includes in particular any lost profit, any unfortunate investment, inaccuracy or corruption of files or data, image or commercial damage, loss of turnover or profit, loss of customers or loss of opportunity related to any title and on any basis whatsoever.

In addition, NESTIA TECHNOLOGY cannot be held responsible for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of French courts and tribunals.

9. EVIDENCE AGREEMENT

The computer systems and files are authoritative in the relationship between NESTIA TECHNOLOGY and the User.

Thus, NESTIA TECHNOLOGY may validly produce within the framework of any procedure, for the purposes of proof, the data, files, programs, recordings or other elements, received, transmitted or stored by means of the computer systems used, on all digital or analog media, and to rely on it except manifest error.

10. INDIVISIBILITY

The fact that any provision of the Agreement is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the other provisions of the Agreement.

11. DISPUTE RESOLUTION

The conclusion, interpretation and validity of this Agreement are governed by French law, regardless of the country of origin of the User or the country from which the User accesses the Services and notwithstanding the principles of conflict of laws.

In the event that a dispute relating to the validity, execution or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly attributed, even in the event of summary proceedings or multiple defendants.

The User is informed that he may in any case resort to conventional mediation or any alternative method of dispute resolution (conciliation for example) in the event of a dispute.

12. DURATION OF THE GENERAL CONDITIONS OF USE

These general conditions of use are concluded for an indefinite period, the User is required to respect them from the start of his use of the Services.

The Publisher reserves the right to modify this document at any time and without notice. Users will be informed of each update of the document.