The Vanksen site (hereinafter, the “Site”) belongs to VKGP S.A., parent company of the Vanksen Group (hereinafter, “Vanksen”), with head offices located at 7 Rue des Mérovingiens, Centre Hermès, L-8070 Bertrange, with a capital of 79,752 €, registered with the Luxembourg Corporate and Trade Register under Number B 133.787, VAT LU 22 74 73 78, and business permit Number :
- Business: 119991 ;
- OFPC- n° 00128479 / 6
The site is published, developed and hosted by Vanksen.
Design and development: Vanksen Advertising Agency
These notices include the conditions of use and the data-protection charter, and are intended to provide a framework for Users’ use of this Site and to inform them of their rights and obligations.
Conditions of use of the Site
The Vanksen site is a space dedicated to communication and marketing, including advertisement and particularly those carried out on / off line.
In addition to the presentation of the agency and the services and solutions it has developed, the Vanksen Site, in its Blog section, publishes the latest news, developments, studies and reflections on issues such as the Web 2.0, social media, on-line referencing, the protection of its brand, and e-reputation.
Any User accessing and browsing through the Site is deemed to have accepted these conditions of use and must abide by them.
These conditions of use do not apply to the modules incorporated into the Site allowing communication with third-party sites and platforms which have defined their own conditions of use.
We invite all Users of these modules to read their respective publishers’ conditions of use.
These conditions may be modified at any time. Any modification will be published on the Site, and any User accessing the Site after their publication shall be deemed to have accepted the modifications.
These conditions of use are submitted to Luxembourg laws, and any dispute, particularly those concerning their application or interpretation, shall be submitted to the Commercial Court of the City of Luxembourg.
All elements and contents comprising the Vanksen site, including, but not limited to, all logos, brands, photos, videos, texts, drawings, graphics, presentations, etc., are protected as Intellectual Property.
Any reproduction, distribution, copy, adaptation, quote of all or part of this Site, through some support whatsoever and for any purpose whatsoever, is strictly forbidden unless previously authorized by the holder of the rights, i.e. Vanksen unless otherwise noted.
The availability on the Site of any application, module allowing the downloading, printing, copying, incorporation or recovery of any content, and particularly of any videos, photos, documents or presentation, shall be deemed Vanksen’s authorization to the User, limited to the User’s private use, exclusive of any commercial use, unless expressly mentioned otherwise in the application involved.
Publication over the Blog
Vanksen offers Users the possibility of interacting directly with the agency through the Blog, by writing comments to the articles published by the agency.
Moderation of such comments is made post facto. Therefore, Users who produce comments are solely liable for the contents and data they publish, and they must insure the proper compliance with these conditions of use as well as the compliance with the legal provisions applicable to on-line publication.
All Users shall therefore refrain from publishing any content which:
1. attempts against good morals, public order, the applicable laws and regulations, or the rights of others, whether intellectual-property or personality rights;
2. contains comments deemed slanderous, violent or likely to incite to violence, insulting, obscene, offensive, discriminatory, racist, xenophobic, homophobic, pornographic, pedophiliac, revisionist or negationist;
3. may incite to the commission and/or provision of illegal acts of any kind;
4. may provide, whether directly or indirectly, an address or of other personal data concerning a physical third-party allowing the latter’s identification and/or localization.
Furthermore, each User commits to mention current, complete and exact data concerning him/her.
Any non-compliance with these provisions shall entail the deletion of the comments involved at any time, at the sole discretion of Vanksen, whether by its own decision or at the request of any third party and/or of legal agencies that it is of its only chief or on demand of all third and/or judicial body having informed of the non-compliance with the applicable legal provisions.
In the event of any infringement of any intellectual-property right, Vanksen invites all holders of such rights to notify it, by e-mail (at legal[at]vanksen.com), of the infringement which may have been made against their rights, specifying the rights claimed, the claimant’s identity and capacity, and the litigious publication. However, any action by Vanksen shall be limited to those actions prescribed by the legal provisions applicable to its activity.
Links between the Vanksen Site and external sites
Any link from an external site to the Vanksen Site is submitted to Vanksen’s prior authorization; Vanksen reserves the right to sue any violator. However, the availability of application and module offering such a possibility shall be deemed equivalent to Vanksen’s authorization.
Vanksen declines any liability related to any link found on an external site and linking back to the Site, and under no circumstance shall it be deemed associated to any content found on any such third-party site because of the mere existence of this link.
The Site contains links redirecting to the other sites of the Vanksen group, and to associated and/or third-party sites. Vanksen has no control over these third-party sites, and under no circumstance can it supervise any of their contents or conditions of use, particularly as regards respect of privacy. Under no circumstance shall Vanksen be held liable for any damage suffered on a site to which one of its Internet visitors may have been redirected.
Under no circumstance shall Vanksen claim as its own the contents found on external sites which may be accessed in this fashion.
Clicking on one of these links shall automatically redirect the User of the Site to these sites, which are subjected to their own conditions of use, and not to these conditions. Users access such external sites at their own risks; Vanksen shall not be held liable for any content found thereon.
Vanksen updates the contents and devices found on the Site regularly, to permit access to and the use of the Site by all Users under the best conditions.
However, Vanksen cannot guarantee the real-time currentness, completeness, accuracy, or entirety of the contents published on the Site.
The User is fully aware, therefore, that the contents found on the Site are provided solely for information purposes.
Furthermore, the Company reserves the right to bring any modification it deems appropriate to the Site, an any time, and therefore cannot guarantee the User’s uninterrupted, safe, error-free and timely access to the entire Site at all times.
Vanksen cannot be held liable for any annoyance and/or damage to a User resulting from the actions of a third party having used, through unethical technical means, the information distributed over the Site. However, the Company does guarantee it employs all means available to it to fight against any action of this kind, subject to the inherent constraints of the Internet.
The Company cannot be held liable for any damage suffered considering, particularly, the quality of the Internet network and/or the technical configurations.
Vanksen’s shall not be held liable for any decision on whether or not to publish any comment and/or article, such decision remaining subject to its sole discretion as Site publisher, notwithstanding the mentions appearing under the heading “Visitor Participation”.
Vanksen shall not be able liable for any consequence, whether direct or indirect, of the reproduction and use of Blog contents by visitors, notwithstanding the application of the provisions concerning intellectual property.
The Site was been developed in a technical environment selected by Vanksen, and is kept up to date to ensure its accessibility. However, in no manner does Vanksen guarantee full accessibility to the Site, nor particularly the absence of errors or bugs. Each visitor who encounters a difficulty while navigating through the Site is invited to inform the webmaster of said difficulty, by e-mail, without Heineken being held obliged to solve said difficulty.
Vanksen shall be held liable for any damage suffered considering, particularly, the quality of the Internet network and/or the technical configurations.
Vanksen shall not be able liable for any malfunction, bug, breakdown of any external module or caused by said external module, allowing communication with external sites/platforms, who are solely responsible for managing and controlling such modules.
Vanksen may initiate legal proceedings against any person who has launched any attack, through any means whatsoever, against the Vanksen Site, whether as regards its technical structure or its published content (illegal copy, hacking, sending of malicious files…).
Protection of privacy
The purpose of this article is to inform Users of the processes to which their personal data may be subjected when they visit the Site. This article does not apply to any data processing performed by the modules incorporated into the Site and allowing the connection to external platforms/sites.
We invite Users to learn about such processing conditions directly from the publishers of these modules.
The communication of personal data is not a condition for access to the Site or to any of its sections. Furthermore, no personal information will be collected without the Users’ knowledge, particularly during their navigation through the Site.
The information which Vanksen may collect are provided by the forms voluntarily completed by each User, for purposes which include but are not limited to contacting Vanksen, publish comments, receiving the newsletter and any information concerning Vanksen.
To this end, the data provided in the forms are effectively collected by Vanksen only after the User’s validation of the form, deemed the equivalent to the User’s express consent.
Each form requires only those data deemed necessary for the specific purpose, particularly the holder’s identity (last and first names), e-mail address and professional capacity, if applicable. Each form specifies which data must be provided to validate the form.
These conditions also apply to any other form found on the Site and not mentioned above; Vanksen reserves the right to depart from these conditions by publishing an explicit mention to this effect.
All data collected through the forms shall be kept and used by Vanksen to respond to the Users requests. Theredore, the time during which they are to be kept is limited to the realization of the object of the request (submission of an application, a brief, a campaign…).
As regards the data of the authors of comments, Vanksen shall keep them for the term legally called for, to meet its obligations as site publisher offering a space where all comers are invited to express themselves.
The data of Newsletter subscribers shall be used to allow e-mailing them the latest news published on the Blog or Site, as well as any information concerning Vanksen, its activity and its services. The data shall be kept until the User’s request to unsubscribe, using the link found in each newsletter or following the procedure described further on.
It is expressly stated that all data are collected by Vanksen and may be forwarded to any entity belonging to the Vanksen group for the aforementioned purposes. To this effect, it is specified that one of Vanksen’s subsidiaries is located in Switzerland, and that the data may therefore be sent outside out of the European Union.
Vanksen and its subsidiaries commit not to transfer or yield the data collected from Users to any third party, nor to use said data for other purposes without the Users’ previous authorization.
Vanksen may be compelled to reveal any content to comply with applicable laws, particularly as part of legal proceedings, to respond to claims and/or suits, without this list being exhaustive.
Vanksen takes all possible measures to ensure the security of the data, and to avoid any disclosure to third parties; as such, it may be called upon to forward the data to a technical service provider known as a “trusted third party”. However, it cannot obviate all the risks inherent to the use of the Internet.
In accordance with Luxembourg’s Law of 02 August 2002, as amended, on the protection of people as regards the treatment of the data of a personal nature, Vanksen has notified the CNPD of the processes it applies to personal data, through its supervisor in charge of data protection, where applicable.
Furthermore, in application of the aforementioned legal provisions, all Users communicating their personal data through any of the forms enjoy the:
1. right of access: you may obtain a communication concerning the data concerning you and verify their accuracy;
2. right of correction: in the event of any inaccuracy in this information, you may require that they be corrected, completed, or deleted;
3. right of deletion: you may require that your data be deleted.
These rights may be exercised upon simple written request, sent by e-mail to the legal[at]vanksen.com, or by postal mail to Vanksen, Legal Department, 7 Rue des Mérovingiens, L-8070 Bertrange, G-D Luxembourg.
Vanksen is also concerned with the securisation of the data provided by minors. To this end, Vanksen commits to delete, on its own authority and in those cases of which it has been informed, all collected data belonging to miners under 13 years. The data of minors aged over 13 shall be deleted upon reception of a request to this effect from at least one of the child’s legal representatives.
The Vanksen Site uses “cookies” to gather and record certain information pertaining to Users. Cookies are designed solely to grant recurrent Users an adapted access. They are designed to help us recognize you as a prior User of the Blog, to offer you a better adapted, more personalized service, and thus increase your pleasure when visiting the Site again.
The cookies used cannot extract any personal information from your hard drive allowing you to be identified in any manner other than as cookies, nor can they transmit any computer virus. The cookies allow us, for example, to personalize the home pages by saving the preferences you might have indicated at the time of a previous visit of our Site. They can secure your password, identify the Site sections you visited, or follow the evolution of your preferences. Our cookies may collect a domain name and follow your progress through our web pages.
They may collect a domain name and follow your progress through our web pages. We use these cookies solely to gather the information mentioned in this Charter; in no manner whatsoever do they gather any information of a personal or nominative nature which might permit identifying you without your consent.
To measure your interest in our Site’s various sections, we reserve the right to perform a behaviour analysis of Site Users. Any information gathered at this time shall be used solely to improve the Site’s contents, to increase the Users’ enjoyment while navigating through the Site, and to personalize the page contents and/or presentation.
You may intervene at the cookie level. By modifying your browser’s configuration (generally in the “Tools” menu, under the heading “Privacy” or some such equivalent), you may: accept all cookies, be notified when a cookie is activated, or reject all cookies. However, in the latter case, you are likely to encounter difficulties in navigating through the Site under optimal conditions
© Vanksen 2015