Legal Mentions

 

Legal notice

  1. Editor

 

In accordance with the provisions of article 6-I 1° of Act n°2004-575 of June 21st, 2004 on confidence in the digital economy, the website editor of www.phasedj.com is :

 

MWM, a French simplified joint stock company ("société par actions simplifiée"), with a share capital of 2 098,79 Euros, whose head office is located 54/56, avenue du Général Leclerc, 92100 Boulogne-Billancourt, France, registered in the Nanterre Trades and Companies Register under number 513 627 299, 

 

Phone number: +33 (0)9 82 29 20 98

Email address:  support@mwm-store.com 

 

    2. Publication Director

 

The Publication Director of this website is Mr Jean-Baptiste Hironde as Chief Executive Officer of the Company MWM.

 

    3. Hosting

 

The service provider ensuring the direct and permanent hosting of the website www.phasedj.com is WIX.COM LTD, a company incorporated under Irish law registered in Israel (under number : 808452825) whose head office is at 40 PORT DE TEL AVIV 99207 TEL AVIV, JAFFA, ISRAEL. You can contact WIX.COM through their contact page.

 

Terms of use

Last update: [06/23/21]

These Terms of Use govern all relations between the Website edited by MWM, whose identity and contact details are specified in the Mandatory Legal Notice section, and the user (“You”, “Your”).

 

ANY USER WHO WISHES TO USE THE WEBSITE IS DEEMED TO HAVE READ THESE TERMS OF USE. THESE TERMS OF USE ARE NOT CONDITIONS OR TERMS OF SALE OR CONDITIONS OR TERMS OF SERVICES. 

 

BY CONTINUING TO BROWSE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU COMPLY WITH THESE TERMS OF USE.

 

These Terms of Use are intended to constitute the rule that must be observed by all users visiting the Website. Any Internet user required at each visit to take note of any changes in the latter, MWM reserving the right to modify them at any time.

 

  1. Definition

 

The terms defined below shall have the following meanings between the Parties:

  • Internet: network of networks allowing the exchange of information using a protocol called TCP/IP. The data is routed through networks of a different nature which are capable of reading messages according to this technical standard. Each element of this network belongs to private or public bodies which operate them in cooperation without necessarily implying a quality bilateral obligation;

  • User: any person accessing and implementing the functionalities of this Website;

  • Party, Parties: refers in the singular indiscriminately to MWM or the User, and in the plural to MWM and the User;

  • Personal Data Protection Regulations: the French law of January 6th, 1978 relating to computing and personal freedom and and its updates and modifications ; and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ;

  • Phase: either describes the hardware products sold by MWM, notably Phase controller in pack or as a standalone, and other products such as mixfader, cases, or other products sold on https://mwm-store.com; or the hardware department of MWM developing, selling and commercializing Phase products aforementioned and all of its activities.  

  • Website : the website edited and published by MWM, accessible at www.phasedj.com.

 

    2. Purpose and Description

 

The purpose of these Terms of Use is to set the conditions of use of the Website and all the pages of the Website.

 

This Website is a portal website that allows Users to learn more about Phase, its activities and products, and to keep abreast of news about Phase.

 

Insofar as this is not a commercial website, there are no Terms of sale, nor any information relating to the security of payment methods.

 

    3. Effective Date - Duration

 

These Terms of Use’s effective date is the date they are put online as indicated at the top of this page and will be enforceable on the date of the first use of the Website by the User.

 

These Terms of Use are enforceable for the duration of your use of the Website and until new Terms of Use replace these.

 

The User may at any time renounce using the Website but remains responsible for any previous use.


​    4. Access to the Website

 

The access to the Website is free. In principle, it is accessible 24 hours a day, 7 days a week.

 

MWM strives to provide quality access and allow Users to use the means of communication made available to them under the best possible conditions.

 

Due to the nature and complexity of the Internet, and in particular, its technical performance and response times for consulting, querying or transferring information data, MWM makes its best efforts, in accordance with the best practices, to allow access and use of the Website. MWM cannot ensure absolute accessibility or availability of the Website.

 

However, MWM reserves the right, without notice or compensation, to temporarily or permanently close the Website, in particular to carry out updates, maintenance operations, modifications or changes to operational methods and servers, without this list being limited.

 

MWM is not responsible for any damage of any kind that may result from these changes or from a temporary unavailability or from the definitive closure of all or part of the Website or the services associated with it.

 

MWM reserves the right to supplement or modify, at any time, the Website and the services available therein according to technological developments.

 

It is up to the User to ensure the possibilities of development of the IT and transmission resources available to them so that these resources can adapt to changes in the Website.

 

    5. Hypertext links

  • MWM reserves the right to set up hyperlinks on its Website giving access to web pages other than those of its Website over which MWM has no control.

MWM declines all responsibility for the conditions of access to these websites, their operation, their use of Users' Personal Data and the content of the information provided on these sites by activating hyperlinks.

 

The User who owns a website in a personal capacity and wishes to place on his website, for personal purposes, a simple link returning directly to the homepage of the Website, must obtain the express authorization of MWM to establish this link.

 

Under no circumstances can this authorization be qualified as an implicit affiliation agreement.

In any event, hypertext links to the Website without MWM’s prior authorization must be removed at MWM’s first request.

 

    6. Personal Data and Cookies

  • In accordance with the Personal Data Protection Regulations, the User is informed that MWM, as controller, implements the processing of Personal Data.

 

To find out more about this processing of Personal Data and the extent of their rights, Users are invited to refer to the Privacy Policy, available at : Privacy policy.

 

    7. MWM Responsibility

 

    a) General responsibility

 

MWM cannot be deemed responsible for:

  • the quality of the Website, the Website being offered "as is" ;

  • disruption of the use of the Website;

  • the impossibility to use the Website;

  • computer security breaches, which may cause damage to Users' computer equipment and their data;

  • infringement of the rights of Users in general.


​    b) Responsibility for the information on the Website

 

MWM cannot be deemed liable for any direct or indirect damages that may result from the access to or use of the Website or the information contained therein, whatever its nature.

 

MWM makes its best efforts to provide up-to-date information on its Website. All information brought to the attention of people accessing the site has been modified on a specific date.

 

The information on the Website reflects an opinion at the time of its creation and not at the time of consultation of the Website. The Information may require an update which may or may not have taken place on the date of their consultation for technical reasons.

 

MWM cannot be deemed liable for any errors or omissions. Any update, new service or new feature which improves or increases one or more existing information content will be subject to these conditions.

 

MWM declines all responsibility for the appropriateness of decisions and the terms of their execution taken by Users solely on the basis of the information published on the Website.

 

    8. Obligations of the User

 

The User undertakes to use the Website and all the information to which he may have access only to obtain information and for a purpose consistent with public order, good morals and the rights of third Parties.

 

Thus, it is forbidden to publish or transmit via the Website any element that is unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise detrimental to human dignity in particular. In the event that MWM is informed of the presence of illegal content on the Website, MWM would be entitled to immediately remove the content.

 

The User also agrees not to disrupt the use that other Users may make of this Website and not to access parts of the Website to which access is restricted.

 

    9. Intellectual Property

 

The content of the Website, the general structure as well as the software, texts, videos, images, animated or not, photographs, its know-how and all the other elements composing the Website are the exclusive property of MWM or of third parties who have granted it a license.

 

These Terms of Use do not imply any transfer of any kind of intellectual property right on elements belonging to MWM nor on elements of partners or third parties who have granted it a license, such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.

 

The User is prohibited in particular from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and / or distributing in any way the pages of the Website, or the computer codes of the elements composing the Website.

 

Any reproduction and / or representation, in whole or in part, of one of these rights, without the express authorization of MWM, is prohibited and constitutes an infringement liable to engage the civil and criminal liability of the infringer.

 

Consequently, the User refrains from any action or any act likely to directly or indirectly infringe the intellectual property rights of MWM.

 

The same applies to the databases appearing, where applicable, on the Website which are protected by articles of the French Intellectual Property Code. Any total or partial extraction or reuse of said databases and their content is therefore prohibited without the express prior authorization of MWM.

 

The distinctive marks of MWM and its partners, such as domain names, brands, names and logos appearing on the Website are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from elements of the Website without the express authorization of MWM is therefore prohibited, within the meaning of the French Intellectual Property Code.

 

Only use in accordance with the purpose of the Website is authorized.

 

Any other use, not expressly authorized in writing and in advance by MWM, is prohibited and constitutes an infringement.

 

    10. Tolerance

  •  

The Parties mutually agree that the fact that one Party tolerates a situation, whatever the frequency and duration, does not have the effect of granting the other Party acquired rights, nor modify these Terms of Use.

 

Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.

 

    11. Nullity

 

If one or more stipulations of these Terms of Use are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become res judicata of a competent court, the other stipulations will retain all their force and scope.

 

    12. Legal address

 

For the execution of this agreement and except for special provisions, the User agrees to address all correspondence to the head office of MWM as stated in the Mandatory Legal Notice.

 

    13. Applicable law

 

These Terms of Use of the Website are governed by French law.

 

This is the case for the substantive and procedural rules, notwithstanding the places of performance of substantial or ancillary obligations.

 

Privacy policy

Last update: [06/23/21]

WHO ARE WE AND WHAT IS THIS DOCUMENT?

 

MWM, a French simplified joint stock company ("société par actions simplifiée"), with a share capital of 2 098,79 Euros, whose head office is located 54/56, avenue du Général Leclerc, 92100 Boulogne-Billancourt, France, registered in the Nanterre Trades and Companies Register under number 513 627 299, (hereinafter “MWM”), publishes this website : www.phasedj.com (hereinafter “Phase’s Website”). 

 

MWM is very mindful of respecting your private life and the confidentiality of Personal Data relating to you (hereinafter “Personal Data”). This privacy policy is intended to inform you of how your Personal Data are collected, processed and stored by MWM and its processors when you use the Phase's Website.

 

By using Phase's Website (i.e. : www.phasedj.com) you hereby accept and agree to be bound by the present Privacy Policy. 

 

MWM undertakes to process your Personal Data in accordance with the applicable laws and regulations, and in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, or "GDPR", and Law No. 78-17 of 6 January 1978 on information technology, data files and liberties, in its current version (hereinafter the “Applicable Regulations”).

 

Please note that MWM can amend this privacy policy at any time, in full or in part. Latest update date is indicated at the top of this Privacy Policy.

 

  1. WHAT PERSONAL DATA DO WE COLLECT AND WHAT FOR? 

 

1.1 When you directly contact MWM

 

What kind of Data: While browsing and using Phase's Website : www.phasedj.com, MWM might collect and process your Personal Data when you decide to contact the address: support@mwm-store.com or any other address provided on Phase’s Website. Doing so, you might communicate Personal Data to MWM based on your declaration such as e-mail address, name, surname, contact information, country of residence ect. 

 

Legal Basis: Aforementioned collection and processing of Personal Data are done based on our legitimate interests to process and answer your questions. 

 

1.2 When you browse Phase’s Website (Cookies)

 

What kind of Data: The first time you connect on Phase’s website, a pop up will be displayed, informing you that if you give your consent, Personal data, such as location data, and other demographic and interest data about you will be collected and transmitted to our Ad partners and Analytic companies (see-below) for the purpose of providing you with a personalized advertising experience and analytics purpose. You are free to refuse or agree to such processing.

 

When you consent to the collection of data for analytics purpose, we may share the data listed above with the following categories of recipients:

 

  • Ad partners: that allow us to monetize the ad inventory of MWM and provide users with free products and services:

    • Facebook  

https://www.facebook.com/about/privacy

  • Google  

https://policies.google.com/privacy 

 

  • Analytic companies: that provide us with tools and technologies that allow us to better understand how users interact with our services and will help us improve it:

    • Google 

https://policies.google.com/privacy

  • Authorities: only to the extent we are obliged to by applicable laws and regulations.

 

  • MWM may also need to share your Personal Data with its external advisors (lawyers, accountants, etc.).

 

Legal basis: Aforementioned collection and processing of Personal Data are done based on your consent. 

 

    2. HOW LONG DO WE STORE YOUR PERSONAL DATA FOR? 

 

You are hereby advised that MWM shall not keep Personal Data collected, received and processed for the purposes described in this policy longer than necessary for the purposes described above in this section. 

 

It means that for Data collected and processed when browsing Phase’s Website and according to the Applicable Regulations, the duration of storage shall not exceed 3 years. 

 

You are hereby informed that MWM reserves the right to store your Personal Data in its temporary archives where strictly necessary to defend its rights in the event of a dispute, for the applicable limitation period. 

 

Also, please note that considering its status of hosting service provider, MWM is subject to a legal obligation to retain some Personal Data relating to you for a duration of one year, on the basis of article 6.II of the Law 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN). 

 

 

    3. INTERNATIONAL TRANSFERS

 

Some of the partners and processors referred to in this policy are located outside of the European Union.

In such case, we ensure that:

  • the Personal Data is transferred to countries recognized as offering an equivalent level of protection or,

  • Personal Data is transferred to certified entities under the Privacy Shield or,

  • For Personal Data transferred outside of countries recognized by the European Commission as having a sufficient level of protection, any of the mechanisms offering appropriate guarantees is used, for which provision is made by applicable regulations, and in particular the adoption of the standard contractual clauses of the European Commission.

 

 

    4. HOW CAN YOU EXERCISE YOUR RIGHTS?

 

In accordance with the Applicable Regulations, you have the rights to access, rectify, and delete your Personal Data. Under the conditions of the Applicable Regulations, you also benefit from the rights to request the limitation of the processing, the portability of your Personal Data, and the right to object to processing for reasons pertaining to your personal situation when the processing is based on MWM’s legitimate interest. You can also communicate instructions about the fate of your Personal Data in the event of your death.

 

You can also, at any time, and without reason, object to the processing of your Personal Data for the purposes of direct marketing.

 

You can exercise these rights with MWM by sending your request accompanied by a copy of an identity document by email to the following email address: support@mwm-store.com or by mail, writing to the following address: MWM, 54, Avenue du Général Leclerc, 92100, Boulogne Billancourt, France.

 

In any case, you may, at any time, submit a claim to the CNIL (French Data Protection Authority) (www.cnil.fr).