The centre hospitalier Louis Constant Fleming, concerned about the rights of individuals, particularly with regard to automated processing, and in a desire for transparency with its customers, has put in place a policy covering all these processing operations, the purposes pursued by the latter as well as the means of action available to individuals so that they can best exercise their rights.
Article 1 - Legal Information
Site (hereinafter referred to as "the Site"):
Publisher (hereinafter "the Publisher"):
The websites www.chsaintmartin.org and www.chsaintmartin.fr are own and edited by le Centre Hospitalier Louis Constant Fleming de Saint Martin.
Centre Hospitalier Louis Constant Fleming de Saint Martin
whose registered office is located at BP 381 – Spring Concordia – 97150 Saint Martin
represented by M. MORENO Francisco, in his capacity of director
n° SIREN : 269710364
phone: 0590 52 25 25
Editor: M. MORENO Francisco
Site development and maintenance
whose registered office is located Résidence Alizéa – BP 5131 - 97150 Saint Martin
Represented by Sandra Decoux, in her capacity as manager
06 51 38 04 36
Host (hereinafter "the Host")
Infomaniak Network SA
whose registered office is located at Avenue de la Praille, 26 - 1227 Carouge – Switzerland
registered with the RCS under number CHE-103.167.648
Article 2 - Access to the site
Access to and use of the site is reserved for strictly personal use only. You agree not to use this site and the information or data contained on it for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails.
Article 3 - Content of the site
All trademarks, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force as intellectual property.
They are the full and entire 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 fact that the publisher does not initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of such uses and waiver of prosecution.
Any total or partial representation of this website or of all or part of the elements found on the site by any person whatsoever, without the express written permission of the publisher of the site is prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code.
The same applies to database appearing, where applicable, on the website, which are protected by the provisions of the law of 1 July 1998 transposing into the Intellectual Property Code, Directive of 11 March 1996 on the legal protection of database.
Any dispute in connection with the use of this website is subject to French law.
The publisher cannot guarantee the accuracy, completeness or timeliness of the information published on its site.
The information published on this website are not contractual. The content made available on this site is provided for information purposes only. Information on this site may contain technical inaccuracies or typographical errors.
The photographs of products, accompanying their description, are not contractual and do not bind the publisher.
Article 4 - Site management
For the good management of the site, the editor can at any time:
- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or parts of the site, to a specific category of Internet users;
- remove any information that may interfere with its operation or contravene national or international laws;
- suspend the site in order to carry out 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 one of its functionalities.
The material of connection to the site that you use is under your entire responsibility. You must take all appropriate measures to protect your equipment and your own data, including from virus attacks on the Internet. You are also solely responsible for the sites and data you visit.
The publisher cannot be held responsible in case of legal proceedings against you:
- by using the site or any service accessible via the Internet;
- due to your non-compliance with these general terms and conditions.
The publisher is not responsible for any damage caused to yourself, third parties and/or your equipment as a result of your connection or use of the site and you waive any action against him/her as a result.
Should the publisher be the subject of an amicable or judicial procedure as a result of your use of the site, he or she will be able to take action against you to obtain compensation for all damages, sums, convictions and costs that may result from this procedure.
Article 6 - Hypertext links
The setting up by users of any hypertext links to all or part of the site is authorized by the publisher.
Any link must be removed at the request of the publisher. Any information accessible via a link to other sites is not under the control of the publisher who declines any responsibility for their content.
Article 7 - Data collection
Your data is collected by le Centre Hospitalier de Saint Martin.
Personal data means any information relating to an identified or identifiable natural person (identifiable person); an identifiable person is a person who can be identified, directly or indirectly, in particular by reference to a name, identification number or to one or more elements specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity.
The personal information that may be collected on the site is mainly used by the publisher for the management of relations with you, and when necessary to answer your requests.
The personal data collected, with your consent, and stored on the hosting server of this site, in Switzerland, in its backups and sent by email to the publishier, are the following:
- Satisfaction forms: last name, first name, email address, address, IP address, hour and date of submission, browser & OS used;
- user recording of expression forms: last name, first name, birth date, profession, phone numbers, email address, IP address, hour and date of submission, brower & system used.
Data security and privacy
Le centre hospitalier Louis Constant Fleming makes its best efforts to take all measures to ensure the protection, privacy and security of personal data transmitted by any Internet user and/or customer, in compliance with the applicable legal regulations.
Article 8 – Automatic data collection
A "Cookie" or tracer is an electronic file deposited on a terminal (computers, tablets, smartphones) and read when browsing a website, reading an e-mail, installing or using software or a mobile application, whatever 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 site concerned and/or third parties may be placed on your terminal.
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 provide to you.
For more information on the use, management and deletion of cookies for all browsers, we invite you to consult the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser or http://www.allaboutcookies.org/
This website uses Analytics services from Google LLC. Google Analytics uses "cookies", which are stored on your computer, to help the website analyze how users use the site during their visit. The collected data (including your truncated IP address) is transmitted and stored on a server controlled by Google, located in the United States.
However, if IP anonymization is activated on this website, your IP address will first be compressed by Google in the Member States of the European Union or in the other Member States of the European Economic Area. Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and then compressed.
Google will use this information about your use of the website to generate reports on website activity for website operators and to provide other services relating to website activity and internet usage. Google will not link the IP address provided by your browser in Google Analytics to any other Google data.
Google will retain user and event data for 26 months.
If you wish to prevent the storage of personal data (including your IP address) and their use by Google, you can install the plugin: https://tools.google.com/dlpage/gaoptout
The site uses Google LLC's reCAPTCHA service to protect submissions and prevent spam on the site. It checks if you are a person to prevent certain features of the website from being abused by spam bots.
By filling out the contact forms using this plugin, you consent to sending your IP address and possibly other data required by Google for the reCAPTCHA service. Your data will be communicated to Google and used by their services. However, your IP address will first be truncated by Google in EU Member States - or in other states that are part of the European Economic Area agreement. In exceptional cases, your full IP address will be transmitted to a Google server in the United States and then subsequently truncated. Google will use this information to evaluate your use of this service. The IP address provided to reCAPTCHA through your browser will not be merged with any other Google data.
The site benefits from SSL technology and tools to optimize its security.
In the event of attempted malicious acts, information (IP address) is collected and stored in the data base.
Article 9 - Right of access, rectification and deletion of your data
Each person has a right of access, rectification and opposition to his/her personal data. Each person also has the right to limit the processing of personal data relating to him or her, the right to dereference and the right to the portability of personal data that he or she has transmitted to the controller.
You can exercise this right by contacting us at the following address:
BP 381 – Spring Concordia 97150 Saint Martin
All applications must be accompanied by a photocopy of a valid, signed and valid identity document and must indicate the address where the publisher can contact the applicant. The reply will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the application and/or the number of applications so require.
In addition, and since the law n°2016-1321 of October 7, 2016, people who wish to do so have the possibility 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/.
Article 10 - Use of data
The information collected may eventually be communicated to third parties bound to the publisher by contract for the performance of outsourced tasks necessary to manage your account and without you’re having to give your authorization.
In the event of an infringement of any kind, for which the parties would be called into question, and for which the judicial authorities would need to have knowledge of the information collected, the latter would then necessarily be communicated to these authorities at their express and reasoned request, and would no longer benefit from the provisions relating to the protection of personal data. When certain information are compulsory to access specific functionalities of the site, the publisher will indicate this obligatory character at the time of data entry.
Article 11 - Commercial offers
The site will not use this data for commercial purposes or transfer it to a third party without the express permission of the user.
The site editor reserves the right, unless you object, to use this information for its own communications. These communications can take the form of an e-mail, a publication on an Internet service (website, blog, etc.) or a paper document.
If, while browsing the site, you access personal data, you must refrain from any collection, unauthorized use and any act that may constitute an invasion of privacy or reputation of individuals. The publisher declines all responsibility in this respect. The data are stored and used for a period of time in accordance with the legislation in force.
Article 12 - Applicable law
The present conditions of use of the site are governed by French law and subject to the jurisdiction of the courts of the publisher's registered office, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.
Saint-Martin, May 7th, 2018.