Legal Notices

The OmegaRoc app is a web app published by Omega Roc, a simplified joint-stock company (société par actions simplifiée under French law) with a capital of 16,000 euros
Registration: Ajaccio Trade and Companies Register no. 851 961 789 2153
Siret number: 85196178900019 – APE number: 7410Z
VAT number: FR 78 851961789
Registered office: 8 rue 1er bataillon de choc – 20090 Ajaccio, France
Tel.: +33 (0)6 86 08 97 35 – omegaroc.sas@gmail.com
Publication manager: Odile Maurin, President of SAS Omega Roc

General provisions
All the features of this web app are covered by French and international legislation on copyright and intellectual property. All rights of reproduction, use and duplication are reserved, including for downloadable documents, iconographic and photographic representations.
The reproduction of all or part of this website on any medium whatsoever (digital or otherwise) is strictly forbidden without the express consent of the President of Omega Roc.

Web app host
The web app is in fact a website hosted by:
OVH
2 rue kellermann
BP 80157
59100 Roubaix

Personal data and confidentiality policy
Omega Roc SAS is committed to complying with the EU General Data Protection Regulation (GDPR).
Omega Roc SAS sets out its actions in this respect in a specific document: GDPR Compliance.
Omega Roc SAS has appointed Thierry Souchard as its in-house Data Protection Officer (DPO). All requests to access your data must be sent by email to omegaroc.sas@gmail.com and will be processed within a month. This service is free.

Go to:   GDPR Compliance       General Terms and Conditions of Use      General Terms and Conditions of Sale       Confidentiality policy and rights of individuals

GDPR Compliance

Omega Roc SAS is compliant with the EU General Data Protection Regulation (GDPR).
Our subcontractors involved in developing the OmegaRoc web app declare that they are compliant with the GDPR (sole proprietors Arnaud Schaeffer and Thomas Stocker).
All data held by Omega Roc SAS is stored on servers hosted in France. The server architecture is hosted by OVH in France. 

1. Concern for the GDPR
All employees responsible for developing and updating the OmegaRoc web app are fully aware of the requirements of the GDPR.

2. Data hosted
Omega Roc SAS stores two different type of data for its web app:
– Data on the end users of the OmegaRoc app (referred to as CUSTOMERS in the rest of this document), who use the content we propose for sale.
– Data supplied by authors (referred to as AUTHORS in the rest of this document) who wish to publicise content on our platform.

2.1. Information held on our CUSTOMERS
The information held on our CUSTOMERS, who are the end users of the OmegaRoc app, comprises:
– CUSTOMER’s email address (essential for validating the account and for communication)
– CUSTOMER’s surname, first name, address and country (optional and only essential in the event of an order for a printed book)
– Date and time of CUSTOMER’s first login
– Basket, orders and invoices in the context of the online shop
– Details of the CUSTOMER’s payment information when making a purchase (including billing information, e.g. address and country, and the last 10 numbers of his/her credit card and its expiry date)
Omega Roc SAS does not share or sell any of the data set out above. Nor do we use this data for advertising or statistical purposes.

2.2. Information held on our AUTHORS
Two types of data are supplied by AUTHORS: “identity” data and the content proposed on the app.
Identity data:
– Surname, first name, address, country, telephone, email (and company name, if applicable)
– Bank account details and Siret number, if applicable
Content: text/image data that does not concern individuals.
This data is intended to be sold in the context of the OmegaRoc app, with part of the revenue paid over to the AUTHORS.

3. Confidentiality policy
The confidentiality policy regarding management of information provided by CUSTOMERS and AUTHORS is clearly stated in a specific document: Confidentiality policy and rights of individuals

4. Rights of individuals
Customers’ rights under the GDPR are considered and applied; these include:
– Right to be informed: we provide our users (CUSTOMERS and AUTHORS) with clear information on how their data will be used
– Right to access: our AUTHORS can access all their data, without restriction, on request
– Right to rectify: our users (CUSTOMERS and AUTHORS) can contact us, and we will process all rectification requests
– Right to erase: our users (CUSTOMERS and AUTHORS) can contact us, and we will process all erasure requests
– Right to restrict processing: we do not process data on our CUSTOMERS
– Right to oppose: we will process all requests on this matter, both from our AUTHORS and our CUSTOMERS (please contact us)

5. Requesting access to your data
We undertake to respond clearly to all requests concerning access within one month; this service is free.

6. Person responsible for data within Omega Roc SAS
Omega Roc SAS has appointed a Data Protection Officer, as required by the GDPR (declaration to the CNIL no. DPO-107260 dated 11/12/2021):
Thierry SOUCHARD
Email: omegaroc.sas@gmail.com
Address: 8 rue 1er bataillon de choc – 20090 AJACCIO, FRANCE

7. International
The OmegaRoc app may, via its users (CUSTOMERS and AUTHORS), process data from any EU member state.
Its main establishment is in France, as is its supervisory authority.
The OmegaRoc app is operated by Omega Roc SAS, identified as follows:
Siret number: 851 961 789 00019 (APE number: 7410Z)
Address: 8 rue 1er bataillon de choc – 20090 AJACCIO, FRANCE
Email: omegaroc.sas@gmail.com
Telephone: +33 (0)6 86 08 97 35

General Terms and Conditions of Use of the OmegaRoc web app

The aim of this document is to define the terms and conditions under which Omega Roc SAS, hereafter referred to as the PUBLISHER, makes the OmegaRoc web app and the services it offers available to its users, and the manner in which the user accesses the web app and uses its services.
The following terms and conditions apply to any individual who logs on to the OmegaRoc web app.
Merely accessing the PUBLISHER’s site via the URL https://app.omegaroc.com/ implies acceptance of all the conditions set out below.

Intellectual property
The general structure of the OmegaRoc web app, and the texts, graphics, images and videos composing it, are the property of the publisher or its partners. Any representation and/or reproduction and/or use of any or all of the content and services proposed by the OmegaRoc web app, using any process whatsoever, without prior written consent from Omega Roc SAS, is strictly forbidden and could constitute an infringement within the meaning of articles L 335-2 et seq. of the French Intellectual Property Code.

Hypertext links
The OmegaRoc web app may contain hypertext links to other internet sites. When you click on such links you leave the OmegaRoc web app.
A link to the presentation page of this website may be created without express permission from the PUBLISHER. The publisher is not entitled to demand prior requests for authorisation or information in regard to a website that wishes to create a link to the publisher’s site. Nevertheless, this website should be displayed in a new browser window. Furthermore, the PUBLISHER reserves the right to demand the removal of a link which it considers incompatible with the purpose of the OmegaRoc web app.

Liability of the publisher
Any information and/or documents included in this web app and/or accessible via the web app come from sources deemed to be reliable.
However, such information and/or documents may contain technical inaccuracies and typing mistakes.
The PUBLISHER reserves the right to correct these as soon as they are brought to its attention.
Information and/or documents available on this site may be amended and updated at any time. In particular, they may have been updated between the time of uploading and the time at which the user becomes aware of them.
Information and/or documents available on this site are used under the sole responsibility of the user, who accepts all the potential consequences thereof and is not entitled to hold the PUBLISHER liable in this regard or to make any claim against it.
Under no circumstances will the PUBLISHER be held liable for any harm of any kind resulting from the interpretation or use of information and/or documents available on this site.

Access to the web app
The publisher makes every effort to maintain access to the web app 24 hours a day, seven days a week, other than in the case of force majeure or an event beyond the control of the PUBLISHER, and subject to any failures and maintenance work required in order to keep the site and its services operating smoothly.

Consequently, the PUBLISHER cannot guarantee the availability of the web app and/or its services, reliability of transmissions or performance in terms of response time or quality. No provision is made for technical assistance to users, whether via electronic means or by telephone.

The publisher will not be held liable in the event that it is impossible to access this site and/or to use its services.

Moreover, the PUBLISHER may be required to take the site or some of its services offline at any time without notice, without being liable for compensation. The user acknowledges and accepts that the PUBLISHER is not responsible for such interruptions and any resulting consequences for the user or any third party.

Amendments to the terms of use
The PUBLISHER reserves the right to amend these terms of use at any time without notice in order to adapt them in line with upgrades to the web app and/or its operation.

Rules for use of the internet
The user hereby accepts the characteristics and limitations of the internet and, in particular, acknowledges that:
The PUBLISHER will not bear any liability for services accessible via the internet and has no control, in any form, over the nature and characteristics of the data that may pass through its central server.
The user acknowledges that the data circulating on the Internet is not protected, in particular against potential misuse. Any user who discloses information he/she deems to be sensitive or confidential does so at his/her own risk.
The user acknowledges that data circulating on the internet may be regulated in terms of use or protected by a property right.
The user alone is responsible for the use of the data he/she consults, searches and transfers on the internet.
The user acknowledges that the PUBLISHER has no means of controlling the content of services that can be accessed via the internet.

Applicable law
Both this web app and the terms and conditions governing its use are subject to French law, irrespective of the place of use. In the event of a dispute, and following the failure of any attempts to reach an amicable agreement, the French courts shall have exclusive jurisdiction to settle lawsuits.
For any questions relating to these conditions for use of the site, please send an email to: omegaroc.sas@gmail.com

General Terms and Conditions of Sale

Applicable as of 13 December 2021.

Preamble
The OmegaRoc web app, hosted at the URL https://app.omegaroc.com/, is the property of Omega Roc SAS in its entirety, as are all the rights related thereto. Any reproduction, in whole or in part, is systematically subject to authorisation from its owner.
The OmegaRoc web app markets the following products: printed books and digital content relating to climbing.
These General Terms and Conditions of Sale apply to all sales made via the OmegaRoc web app.

1. Acceptance of the terms and conditions
The customer acknowledges that he/she has read the General Terms and Conditions of Sale stated on this page at the time of placing an order, and expressly declares that he/she accepts them unreservedly. These General Terms and Conditions of Sale govern the contractual relations between the SELLER and its customer, and both parties accept them unreservedly. These General Terms and Conditions of Sale shall prevail over any other conditions featured in any other document, unless previously expressly agreed otherwise in writing.

2. Products
The customer undertakes not to reproduce, copy, give, resell or propose for commercial purposes any products purchased via this web app. Any reproduction for commercial purposes will constitute an infringement and will systematically result in legal proceedings.

3. Ordering
Automatic registration systems are considered to provide valid proof of the nature, content and date of the order. The SELLER will send an order confirmation email to the address provided previously by the customer. The sale will not be completed until the order has been confirmed. The SELLER reserves the right to cancel any order from a customer with whom it has an ongoing dispute relating to payment for a previous order. The buyer is responsible for the information provided when placing the order: in the event of an error in the recipient’s contact details, the seller cannot be held liable should delivery of the product prove to be impossible.

4. Delivery
Following confirmation of the order, the SELLER undertakes to dispatch all products ordered by the buyer within 5 working days of the email confirming receipt of the order, excluding weekends and public holidays (this period is extended to 10 days for orders shipped outside mainland France).
The products proposed to customers by the SELLER are made available to download in the case of digital content, and shipped by post in the case of printed books. In the case of delivery by post, the shipping costs are included in the final bill.
For physical deliveries outside mainland France, the customer undertakes to pay all import taxes, customs duties, value-added tax, and any other taxes due under the laws of the country to which the order is shipped. All orders placed with the SELLER are intended for customers’ personal use. Customers or recipients of products shall refrain from reselling the products, in whole or in part, and from reselling copies thereof. The SELLER will bear no legal liability for a failure on the part of the customer to pay any taxes due. In the case of physical delivery, any delays resulting from delays to postal services do not entitle the buyer to claim compensation. In the event of visible defects, the buyer is entitled to return the product under the conditions stipulated herein. The following are considered as cases of force majeure releasing the seller from its delivery obligation: war, rioting, fire, strikes, accidents, and the inability to obtain supplies. Goods are always shipped at the recipient’s risk. Always check your parcel when it arrives. You have a period of 48 hours within which to advise the carrier of any reservations regarding missing or damaged articles.

5. Right of withdrawal
The customer is granted a period of time within which to form an opinion on the product ordered, after which he/she may request a refund by registered letter with acknowledgement of receipt (refund requests sent by email will not be processed), which must be sent to this address: Omega Roc SAS, 8 rue 1er bataillon de choc, 20090 Ajaccio, France. This period is 14 clear days (starting from the date of receipt of the item(s)).
In the case of an exchange or refund of an order for a book or books received by post, the customer is required to return the new item(s) in its/their original packaging, intact, to the following address:

Omega Roc SAS
8 rue 1er bataillon de choc
20090 Ajaccio
France

In the case of a request for a refund for a digital product, the customer must formally undertake, in his/her withdrawal letter, to delete the item from his/her computer and from any other devices on which backup copies have been made.
If the customer exercises his/her right to withdraw, the SELLER is obliged to refund the sums received with no costs other than the costs of returning the item The refund must be paid within 15 days.

6. Price
The price is stated in euros. If shipping costs apply in addition – not included in the special provisions given in section 5 – these must be indicated at the time of payment. The price indicated in the order confirmation is the final price, including all taxes and VAT for France and EU countries. This price includes the price of the product and costs of handling, packaging, storage, shipping and commissioning.

7. Payment
The price charged to the customer is the price indicated on the order confirmation sent by the SELLER. The product price is due and payable on the day the order is placed.
All payments are made by bank card (a standard credit or debit card) via the STRIPE platform. The order validated by the customer will not be considered firm until the bank payment centres concerned have approved the purchase. Should the said payment centres reject the purchase, the order will be cancelled automatically and the customer will be informed by email.

Moreover, irrespective of the payment method used, the SELLER reserves the right to reject any orders from a customer with whom it has an ongoing dispute.

8. Disputes
This agreement is governed by French law. The SELLER will not bear any liability for material damage, physical injury or consequential losses of any kind arising as a result of misuse of products sold. In any event, the SELLER’s liability will be limited to the amount of the order and the company cannot be held responsible for simple errors or omissions that could occur despite the precautions taken in product presentation. Should any difficulties arise in the implementation of this agreement, the buyer has the option of seeking an amicable solution prior to any legal action by calling upon the assistance of a professional association for the industry, a consumer association, or any other counsel of his/her choice. Note: The act of seeking an amicable solution does not preempt the “prompt” action mentioned in the legal guarantee, nor the duration of the contractual guarantee. As a general rule, and subject to the discretion of the courts, the provisions of this agreement relative to the contractual guarantee suppose that the buyer honours his/her financial commitments to the seller. Claims or disputes are always given careful consideration, and it is assumed that persons who take the time to explore such issues are acting in good faith. In the event of a dispute, the customer should contact the company first to seek an amicable solution.

9. Guarantee
In no case shall the SELLER be held liable for non-compliance with regulations and laws in force in the receiving country. The liability of the SELLER is always limited to the value of the product in question on the date of sale of the product, with no possibility for filing claims against the brand or the product manufacturer. In any event, the customer is protected by the legal hold harmless clause and guarantee on hidden defects (Article 1625 et seq. of the French Civil Code). Provided that the purchaser supplies proof of the hidden defect(s), the seller must legally remedy all the consequences thereof (Article 1641 et seq. of the Civil Code); should the buyer take the matter to court, he or she must do so “promptly” after discovery of the hidden defect(s) (Article 1648 of the Civil Code).

10. Legal information on personal data
Personal information must be gathered for purposes of distance selling, as this information is essential for processing and shipping orders, preparing invoices, etc. Missing information will lead to the order being not registered. In accordance with the French data protection law, the processing of customers’ personal information has been declared to the French Data Protection Authority (CNIL). The customer is legally entitled to access, change, rectify, or delete personal data (as per Article 34 of the aforementioned French law, dated 6 January 1978). To exercise this right, the customer must write to the SELLER directly. Moreover, the SELLER undertakes not to share the contact details of its customers with any third parties, whether free of charge or in exchange for payment.

Confidentiality policy and rights of individuals

Reason for processing (purpose and lawful basis)
Omega Roc, a company with its registered office at Rue du 1er bataillon de choc, Ajaccio (20090, France), operates a website (web app) for online sales. This website enables us to receive orders from our customers, and the data collected in doing so is saved and processed in a customer file.
This file is used to:
• Manage orders, payment and delivery.
• Conduct marketing operations (loyalty building, promotions) by sending emails to our customers who have not opted out of receiving them, or who have agreed to receive them for other similar products proposed on the website.

Lawful basis for processing data
• Managing orders: the lawful basis for processing is the performance of a contract (cf. article 6.1.b of the General Data Protection Regulations (GDPR)).
• Sending marketing emails on products similar to those ordered by customers: the lawful basis for processing is the company’s legitimate interest (cf. article 6.1.f of the GDPR), i.e. promoting our products to our customers.

Types of data
• Identity: civil status, surname, first name, home address, delivery address, telephone number, email address, internal processing code identifying the customer, data related to inclusion on opt-out lists.
• Data relating to orders: transaction number, details of purchases, amount of purchases, data relating to invoicing (payments, unpaid invoices, discounts), product returns.
• Data relating to payment methods: bank card number, bank card expiry date, security code (which is deleted immediately).
• Data necessary for loyalty-building and prospecting activities: shopping history.

Data recipients
• The customer service and invoicing departments of Omega Roc SAS receive all data.

Data retention period
• Data necessary for order management and invoicing: for the duration of the business relationship and ten (10) years to fulfil accounting obligations.
• Data necessary for loyalty-building and prospecting activities: for the duration of the business relationship and five (5) years from the date of the last purchase.
• Data relating to means of payment: this data is not stored by Omega Roc SAS; it is collected during the transaction and deleted immediately as soon as the purchase is paid for.
• Data relating to lists of individuals who have opted out of prospecting emails: three (3) years.

Your rights
If you no longer wish to receive publicity from Omega Roc SAS (i.e. you wish to exercise your right to opt out or to withdraw previously-granted consent), please send an email to omegaroc.sas@gmail.com
You have the right to access your personal data, correct it or ask for it to be deleted. You also have a right to portability and a right to limit processing of your data (consult the cnil.fr website for more information on your rights).
To exercise these rights or ask any questions about processing of your data under these provisions, you can contact our Data Protection Officer (DPO).
• Send an email to our DPO: omegaroc.sas@gmail.com
• Send a letter to our DPO: Omega Roc, Thierry Souchard, 8 rue 1er bataillon de choc, 20090 Ajaccio, France
The Data Protection Officer, Thierry Souchard
Société Omega Roc
8 rue 1er bataillon de choc
20090 Ajaccio, France
If, after having contacted Omega Roc, you consider that your data protection rights are not being respected, you can lodge a complaint online with the French Data Protection Authority (CNIL).