Privacy Policy

Definitions

 

Client: any professional or natural person with legal capacity as defined by Articles 1123 and following of the French Civil Code, or legal entity, visiting the Site subject to these general terms and conditions. Services and Offerings: https://madagascarwhalesharks.org provides Clients with:

Content: All elements that make up the information on the Site, including texts, images, and videos.

Client Information: Hereinafter referred to as “Information,” which includes all personal data that may be held by https://madagascarwhalesharks.org for account management, client relationship management, and for analysis and statistical purposes.

User: Internet user connecting to and using the above-mentioned site.

Personal information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).

The terms “personal data,” “data subject,” “processor,” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

 

1. Website Presentation

 

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, the identity of the various stakeholders involved in the creation and maintenance of the website https://madagascarwhalesharks.org is specified to users:

Owner: Fondation Madagascar Whale Shark Project – Avenue Circulaire, 1180 Brussels
Publication Manager: Stella Diamant – info@madagascarwhalesharks.org
Webmaster: Romain Cariou – studio@romaincariou.com
Hosting Provider: Dreamhost – Avenue Circulaire, 70, 1180 Brussels, +32479619278
Data Protection Officer: Stella Diamant – stelladiamant@hotmail.com

These legal notices are based on the free model offered by Orson.io

 

2. General Conditions of Use for the Site and Services Provided

 

The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations.

The Client may not reuse, assign, or exploit for their own benefit any or all of the elements or works of the Site.

Use of the site https://madagascarwhalesharks.org implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, and users of the site are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://madagascarwhalesharks.org, which will strive to communicate the dates and times of the intervention to users in advance.

The website is updated regularly by the responsible team. Likewise, the legal notices may be modified at any time: they nevertheless apply to the user, who is invited to refer to them as often as possible to stay informed.

3. Description of Services Provided

 

The website https://madagascarwhalesharks.org aims to provide information regarding all activities of the organization.https://madagascarwhalesharks.org strives to provide as accurate information as possible on the site. However, it cannot be held responsible for any omissions, inaccuracies, or deficiencies in updates, whether caused by itself or third-party partners who provide this information.

All information on the site is for informational purposes only and is subject to change. Furthermore, the information provided is not exhaustive and is subject to modifications made since it was published online.

 

4. Technical Data Limitations

 

The website uses JavaScript technology.

The website cannot be held responsible for material damage related to its use. In addition, the user agrees to access the website using recent equipment, free of viruses, and with an up-to-date modern browser.

The site is hosted by a provider located within the European Union, in accordance with the General Data Protection Regulation (GDPR: No. 2016-679).

The goal is to provide a service ensuring the highest rate of accessibility. The host provides continuous service 24/7. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance, infrastructure improvement, or if the Services generate abnormal traffic.

https://madagascarwhalesharks.org and its hosting provider cannot be held liable in case of internet network failure, phone line issues, or equipment malfunctions preventing server access.

 

5. Intellectual Property and Infringement

 

https://madagascarwhalesharks.org owns the intellectual property rights and holds the rights to use all elements accessible on the site, including texts, images, graphics, logos, videos, icons, and sounds.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the method or process used, is prohibited without prior written permission from https://madagascarwhalesharks.org.

Unauthorized use of the site or any of its elements will be considered as infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

 

6. Limitation of Liability

 

https://madagascarwhalesharks.org acts as the site publisher and is responsible for the quality and accuracy of the published content.

It cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the site, resulting either from using equipment not meeting the specifications stated in section 4, or from the appearance of a bug or incompatibility.

https://madagascarwhalesharks.org shall not be held liable for indirect damages (such as loss of business or missed opportunity) resulting from the use of the website.

Interactive spaces (such as the contact area) are available to users. https://madagascarwhalesharks.org reserves the right to delete, without prior notice, any content that violates applicable French laws, especially concerning data protection. Where applicable, it also reserves the right to hold the user liable civilly and/or criminally, particularly in case of messages that are racist, offensive, defamatory, or pornographic, regardless of the medium used (text, images, etc.).

7. Personal Data Management

 

The Client is informed of the regulations concerning marketing communication, the law of 21 June 2014 on Confidence in the Digital Economy, the Data Protection Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

 

7.1 Data Collection Responsibilities

 

For personal data collected in the context of creating the User’s personal account and browsing the Site, the data controller is Madagascar Whale Shark Project, represented by Stella Diamant.

As data controller, https://madagascarwhalesharks.org undertakes to comply with the legal framework in force. It is responsible for defining the purposes of its data processing, providing clients and prospects with full information on the processing of their personal data, and maintaining a register of processing activities reflecting reality.

Whenever https://madagascarwhalesharks.org processes personal data, it takes all reasonable steps to ensure the accuracy and relevance of the data with regard to the purposes for which it is processed.

 

7.1.1 When Your Information Is Publicly Accessible

 

To improve our communication and make our marketing, campaign, and fundraising efforts more relevant, we may collect publicly available information about you, such as interests, demographic data based on postcode, and past donations or campaign activity. This helps us communicate more efficiently and inform you better about our work.

We may collect this information from online articles, public directories, and social media platforms such as Facebook, LinkedIn, Twitter, or Instagram, based on the permissions you’ve set on these platforms. If unsure, please check their privacy policies.

We may also collect public information about individuals who may be interested in supporting or donating to our organization. However, we will never store such data without consent, which we will request as soon as possible.

 

7.2 Purpose of Collected Data

 

https://madagascarwhalesharks.org may process some or all of the following data:

• To allow Site navigation and management of services: login data, usage history, billing, order history
• To prevent fraud or malicious behavior: hardware used, IP address, hashed password
• To improve user experience and navigation
• To conduct optional satisfaction surveys: email address
• For communications (SMS, email): phone number and email address

We do not sell your data. It is only used when necessary or for statistical purposes.

 

7.3 Right of Access, Rectification, and Objection

 

In accordance with GDPR, Users have the following rights:

• Right of access (Art. 15), rectification (Art. 16), update, or deletion (Art. 17) of their data
• Right to withdraw consent at any time (Art. 13-2c)
• Right to restrict processing (Art. 18)
• Right to object to processing (Art. 21)
• Right to data portability (Art. 20)
• Right to define the fate of personal data after death

In the absence of user instructions, https://madagascarwhalesharks.org undertakes to delete the data unless retention is required by law.

To exercise these rights, write to us at:
Madagascar Whale Shark Project – DPO
Avenue Circulaire, 1180 Brussels
Include a copy of your ID (passport or national ID).

Users can also file a complaint with the supervisory authority (e.g., CNIL – https://www.cnil.fr/fr/plaintes).

 

7.4 Non-Disclosure of Personal Data

 

https://madagascarwhalesharks.org will not transfer personal data outside the EU without informing the client. We only work with processors that comply with GDPR.

We take all necessary precautions to ensure the security of personal data and prevent unauthorized access. In the event of a data breach affecting data integrity or confidentiality, we will inform the client promptly.

Data may be processed by https://madagascarwhalesharks.org affiliates and service providers, only for the purposes outlined in this policy. Access is limited to those involved in customer service or operations.

 

8. Incident Notification

 

Despite our best efforts, no online system is 100% secure. If we become aware of a security breach, we will notify affected users and take necessary measures. We commit to being transparent and helping users comply with their own regulatory obligations.

No personal data is ever published, exchanged, transferred, or sold to third parties without user consent. In the event of acquisition of https://madagascarwhalesharks.org, such data may be transferred to the new owner, who will be bound by the same obligations.

Security

 

To ensure data security and confidentiality, we use secure networks protected by industry-standard measures: firewalls, pseudonymisation, encryption, and password protection.

We take all reasonable steps to prevent loss, misuse, unauthorized access, disclosure, alteration, or destruction of data.

 

9. Hyperlinks, Cookies, and Web Tags

 

The website may contain links to other websites. We are not responsible for the content of those websites.

Unless you disable cookies, you agree to their use. You can disable cookies at any time using your browser settings.

 

9.1 Cookies

 

A cookie is a small file stored on your device that collects data such as domain, internet provider, OS, time, and date of visit. It cannot damage your system.

Cookies help improve navigation and services. You may configure your browser to accept or reject them globally or case-by-case. Refusing cookies may impair certain functionalities.

We may also use third-party providers for analytics. If you accept social media cookies (e.g., Twitter, Facebook), these platforms may also store cookies on your device.

You may withdraw your consent at any time.

 

9.2 Web Tags

 

We may occasionally use web tags (also known as action tags, invisible GIFs, or one-pixel GIFs) and deploy them through analytics partners located outside the EU.

These tags may appear in online ads or on the site to track engagement, visits, and page views. The data may include your IP address.

 

10. Governing Law and Jurisdiction

 

Any dispute relating to the use of the website is governed by French law.
Exclusive jurisdiction is granted to the courts of Brussels, unless otherwise required by law.