Legal Notice & Privacy
UPMYCO is an independent consulting firm assisting companies, managers and investors in their growth, transformation, financing and performance improvement operations.
The services offered are exclusively intended for companies, their managers and investors and fall within the scope of a strategic, financial and organizational consulting mission.
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, known as L.C.E.N., the following legal notices and terms of use are hereby brought to the attention of users and visitors of the UPMYCO website.
Legal Information
The website is published by UPMYCO, a limited liability company (SARL) with a share capital of €2,000.
Registered office: Ground Floor Left, 12 Boulevard de Roquevaire, 13009 Marseille, France
Registration: Marseille Commercial Registry under number 882 240 831
VAT number: FR02882240831
Telephone number: 04 91 30 12 06
Contact email: webmaster@upmyco.com
Publishers: Ms. Virginie BITON and Mr. Pierre BITON, in their capacity as co-managers of the Company
Hosting
The website is hosted by DreamHost, LLC.
Postal address: PMB #257, 417 Associated Road, Brea, CA 92821, United States.
Website: https://www.dreamhost.com
Telephone number: +1 714 706 4182
Email: legal@dreamhost.com
Users are informed that the technical data of the website is hosted on servers located in the United States.
Website Design
The website was designed, created and developed by:
Agency: Studio OKO
Manager: Mr. Jérôme TOLEDANO
Website Access
UPMYCO endeavors to ensure website accessibility but does not guarantee permanent availability, particularly in the event of maintenance or circumstances beyond its control.
Intellectual Property
The general structure, as well as the texts, animated or still images, know-how, graphics and all other elements composing the website are the exclusive property of UPMYCO or its partners.
Any total or partial representation of this website by any person whatsoever, without the express authorization of the publisher, is prohibited and would constitute an infringement sanctioned by Articles L. 335-2 et seq. of the Intellectual Property Code.
The use of hyperlinks pointing to website content is authorized provided that the source is mentioned. However, the “framing” technique (displaying the website in a window within a third-party website) is strictly prohibited except with prior written agreement.
Trademarks, logos, company names and distinctive signs reproduced on the website remain the property of their respective owners.
Nature of Services
UPMYCO conducts strategic, financial and organizational consulting activities for companies.
The services offered do not constitute legal consultations, accounting services, financial investment advisory services, intermediation in banking or payment services, or more generally the practice of a regulated profession.
When a client’s needs fall within the scope of a regulated profession, UPMYCO recommends consulting the appropriate professional and may, if necessary, intervene in coordination with that professional, in respect of each party’s respective competencies.
Limitation of Liability
UPMYCO makes every effort to ensure the accuracy and timeliness of published information. However, this information is provided purely for informational purposes and cannot be considered exhaustive or guaranteed to be free of any error or omission.
Website content does not in any way constitute a consultation, professional opinion, audit or personalized recommendation. Any decision made on the basis of information appearing on the website is the sole responsibility of the user.
Personal Data
In the course of its consulting activities with companies, UPMYCO may process personal data. In accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act:
Data Controller: UPMYCO.
Management of contact requests, business relationship and sending information regarding consulting services:
- Legal basis: performance of pre-contractual measures taken at the request of the person concerned (Article 6.1.b of the GDPR); alternatively, UPMYCO’s legitimate interest in responding to solicitations addressed to it (Article 6.1.f).
- Retention period: duration of the business relationship, plus applicable legal prescription periods; in the absence of commercial follow-up, 3 years from the last contact from the person concerned.
Website operation, security and technical administration (connection logs, IP addresses, technical browsing data):
- Legal basis: UPMYCO’s legitimate interest in ensuring security, availability and proper website functioning (Article 6.1.f).
- Retention period: 6 months from their recording.
Recipients and data processors: collected data is intended for UPMYCO’s authorized services only. The following act as data processors, under agreements complying with Article 28 of the GDPR:
- HubSpot, Inc., as host and manager of contact forms, with corresponding data hosted within the European Union (Frankfurt, Germany);
- DreamHost, LLC, as website host.
UPMYCO does not sell, lease or make personal data available to third parties for prospecting purposes.
Data Transfer: The website is hosted by DreamHost, LLC, a company established in the United States. As such, technical connection data and data stored on the website server are transferred outside the European Economic Area. This transfer is governed by the Standard Contractual Clauses adopted by the European Commission in its Implementing Decision (EU) 2021/914 of June 4, 2021, Module 2 (controller to processor), to which UPMYCO and DreamHost, LLC are parties. A copy of these guarantees may be obtained on simple request to webmaster@upmyco.com. The website also uses the HubSpot solution, provided by HubSpot, Inc., a company established in the United States, particularly for managing contact forms. HubSpot, Inc. is certified under the EU-US Data Privacy Framework and uses Standard Contractual Clauses adopted by the European Commission in its Implementing Decision (EU) 2021/914 of June 4, 2021 (Module 2, controller to processor) under its Data Processing Agreement with customers. However, data collected through contact forms is hosted within the European Union, in a data center located in Frankfurt (Germany).
User Rights: Any user has the right to access, rectify, delete, restrict, port and object to personal data concerning them. They also have the right to withdraw consent at any time when processing is based on consent, without affecting the lawfulness of processing carried out beforehand. Furthermore, they have the right to lodge a complaint with the French National Commission for Data Protection and Liberties (CNIL), 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07 – www.cnil.fr. In accordance with Article 85 of Law No. 78-17 of January 6, 1978 (as amended), anyone can also issue directives regarding the preservation, deletion and communication of their data after death.
Absence of automated decision-making: collected data is not subject to individual automated decision-making or profiling as defined in Article 22 of the GDPR.
To exercise these rights, users may submit their request by email to: webmaster@upmyco.com
Cookies
The website may use various cookies or other tracers.
Some are strictly necessary for website operation (memorizing navigation preferences, security): they are deposited without prior consent, in accordance with applicable regulations.
Others, not strictly necessary (non-exempt audience measurement, third-party content or services), are only deposited after obtaining user consent. On first visit, an information banner allows users to accept or refuse these cookies, with refusal being as straightforward as acceptance. Users may at any time withdraw their consent or modify their choices via the “Manage my cookies” option. This consent, when given, is retained for a maximum period of 6 months.
Independently of this consent collection, users retain the ability to configure their browser to refuse all cookies. The configuration of each browser is described in its help menu or on the CNIL website at: https://www.cnil.fr/
Applicable Law and Jurisdiction
Any dispute relating to website use is governed by French law.
As UPMYCO’s services are exclusively intended for companies, managers and investors, any dispute related to website use between UPMYCO and a user acting in a professional capacity falls within the jurisdiction of the courts of the Aix-en-Provence Court of Appeal, subject to applicable public policy provisions. This attribution of jurisdiction does not preclude the application of mandatory legal jurisdiction rules applicable to users who are consumers.