Legal Notice, Privacy Policy & Terms and Conditions of Sale

01
Site publisher

Company identity

The awen-solutions.eu website and the “Awen Solutions” brand are operated by:
AWEN DISTRIBUTION OÜ
Private limited company under Estonian law (OÜ — Osaühing)
Share capital: €200
Registration code (Äriregister): 17434240
Intra-community VAT number: not applicable — AWEN DISTRIBUTION OÜ benefits from the VAT
exemption scheme in Estonia (below the registration threshold). Prices shown are therefore
exclusive of VAT, as no VAT is currently collected. This status may change if the threshold is
exceeded.
Registered office: Juhkentali tn 8, Kesklinna linnaosa, Tallinn, Harju maakond, 10132, Estonia
Email: contact@awen-solutions.fr
Phone: +372 5843 3281

Publication director

The publication director is Carine LE PAJOLEC, as legal
representative of AWEN DISTRIBUTION OÜ.

Hosting provider

o2switch
SARL with capital of €100,000
222-224 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, France
Phone: +33 4 44 44 60 40
Website: www.o2switch.fr

02
Intellectual property

All elements making up this site (text, images, graphics, structure, source code) are the
exclusive property of AWEN DISTRIBUTION OÜ or its respective authors, and are protected under
French and European intellectual property law.

Any reproduction, representation, modification, publication or adaptation, whether partial or
complete, of these elements, by any means whatsoever, is prohibited without the prior written
authorisation of AWEN DISTRIBUTION OÜ.

The trademarks and logos featured on this site are registered trademarks or trademarks pending
registration. Any unauthorised reproduction constitutes an infringement that may result in civil
and criminal liability for its author.

03
Applicable law and jurisdiction

This site is published by a company incorporated under Estonian law. Unless stated otherwise,
this legal notice is governed by Estonian law.

In accordance with Regulation (EC) No 593/2008 “Rome I”, consumers residing in the European
Union retain the benefit of the mandatory protective provisions of the law of their country of
habitual residence, including where the site specifically targets their market — which is the
case here for French-speaking visitors under the .fr domain, and more broadly for the English
version targeting European and international visitors.

Failing an amicable resolution, and subject to the mandatory jurisdiction rules applicable to
European Union consumers, any dispute falls under the jurisdiction of the courts of the
registered office of AWEN DISTRIBUTION OÜ (Estonia).

04
Limitation of liability

AWEN DISTRIBUTION OÜ endeavours to keep the information on this site up to date and accurate.
However, it cannot guarantee the completeness, accuracy or currentness of the information
published.

Content published on this site is for general informational purposes only and does not
constitute personalised legal, tax or regulatory advice. Any decision made on the basis of this
information is the sole responsibility of the reader.

AWEN DISTRIBUTION OÜ cannot be held liable for any direct or indirect damages resulting from
access to the site, its use, or the inability to access it.

05
Personal data (GDPR)

AWEN DISTRIBUTION OÜ is committed to complying with the General Data Protection Regulation
(GDPR — EU Regulation 2016/679) and applicable Estonian data protection legislation.

Data controller

AWEN DISTRIBUTION OÜ
Email: contact@awen-solutions.fr

Data Protection Officer

Given the size of the company and the nature of the processing carried out — which involves
neither systematic large-scale monitoring of individuals nor large-scale processing of sensitive
data — the appointment of a Data Protection Officer (DPO) is not mandatory under Article 37 of
the GDPR. Any question relating to data protection can be addressed to
contact@awen-solutions.fr.

Competent supervisory authority

As AWEN DISTRIBUTION OÜ is established in Estonia, the lead supervisory authority within the
meaning of Article 56 of the GDPR is the Estonian Data Protection Inspectorate (Andmekaitse
Inspektsioon — AKI),
www.aki.ee.
Individuals residing in France nonetheless retain the right to lodge a complaint with the CNIL
(Article 77 of the GDPR), which will forward it to the competent authority where applicable:
www.cnil.fr.

Data collected and purposes

Data security

AWEN DISTRIBUTION OÜ implements appropriate technical and organisational measures to protect
data against unauthorised access, loss, alteration or disclosure: encrypted connection
(HTTPS/SSL), restricted access to tools via personal credentials, and selection of processors
offering sufficient guarantees under the GDPR.

Processors and transfers

AWEN DISTRIBUTION OÜ uses the following service providers as part of its data processing
activities:

• MailerLite (EU — Lithuania) — contact form and
  newsletter management. Data hosted in the EU.
• Complianz (Netherlands) — cookie consent
  management.
• Google LLC (United States) — audience measurement via
  Google Analytics 4, with IP address anonymisation and loading conditional on prior
  consent. Depending on Google’s certification status, the transfer is governed by the
  EU-U.S. Data Privacy Framework (European Commission adequacy decision of 10 July 2023),
  supplemented by standard contractual clauses as a subsidiary safeguard. This framework is
  currently subject to a pending appeal before the Court of Justice of the European Union;
  AWEN DISTRIBUTION OÜ is monitoring developments and will adapt its safeguards if
  necessary.
• o2switch (France) — site hosting. Data hosted in
  France.

06
Cookies and trackers

This site uses cookies and trackers to ensure it functions properly and, with your consent,
to measure its audience. Consent management is handled by
Complianz, in line with CNIL and GDPR requirements.

Types of cookies used

Google Analytics 4 is configured with IP address anonymisation and only loads after you have
given explicit consent.

Manage your preferences

You can change your choices at any time via the cookie management icon permanently visible
on the site.

07
Your rights

In accordance with the GDPR (Articles 15 to 22), you have the following rights regarding your
personal data:

• Right of access — obtain a copy of your data
• Right to rectification — correct inaccurate data
• Right to erasure — request deletion of your data
• Right to restriction — restrict processing
• Right to data portability — receive your data in a structured format
• Right to object — object to processing based on legitimate interest
• Withdrawal of consent — at any time, without affecting prior processing

To exercise your rights, contact us at
contact@awen-solutions.fr.

If you are not satisfied with our response, you have the right to lodge a complaint with the
CNIL
(www.cnil.fr)
if you reside in France, or with the
Andmekaitse Inspektsioon
(www.aki.ee),
the lead authority (see section 5).

These terms and conditions of sale apply to any consulting, audit or training service in
governance, risk and compliance (GRC) sold by AWEN DISTRIBUTION OÜ, whether the client is a
business or, exceptionally, an individual.

08
Scope

These terms and conditions of sale govern the contractual relationship between
AWEN DISTRIBUTION OÜ and any client (“the Client”) who has requested a compliance audit,
diagnostic, or GRC training service. Any order implies unreserved acceptance of these terms,
which take precedence over any document issued by the Client, unless otherwise agreed in
writing.

The services offered are intellectual services; the awen-solutions.eu website does not offer
online product sales or automated payment at the time of order.

09
Quotes and orders

Every service is subject to a prior quote detailing the nature, duration and price of the
service. The order is only deemed firm once the Client’s written acceptance of the quote is
received (signature, confirmation email, or deposit received according to agreed terms).

10
Price and payment terms

Prices are shown in euros, exclusive of VAT (AWEN DISTRIBUTION OÜ being under the VAT
exemption scheme in Estonia — see section 1).

Payment terms (any deposit, instalment schedule) are specified in each quote and adapted case
by case depending on the nature and scale of the service. Unless otherwise stated in the quote,
the balance is due upon receipt of invoice, with a payment term of 30 net days between
businesses, within the legal limit of 60 days set out in Article L441-10 of the French
Commercial Code.

In the absence of payment by the due date, and in accordance with Article L441-10 of the
French Commercial Code (business-to-business relationships), late payment penalties are due as
of right, at the statutory minimum rate of three times the legal interest rate, together with a
flat-rate compensation of €40 for collection costs.

11
Performance of services

Services are carried out remotely (video conferencing, digital deliverables) and/or in person
according to the terms agreed in the quote. AWEN DISTRIBUTION OÜ has an obligation of means: it
commits to applying the skills and diligence necessary for the proper performance of the
engagement, without guaranteeing any specific outcome, as recommendations made remain subject to
the Client’s own assessment and decision.

12
Right of withdrawal (individual clients only)

This section applies only where the Client is a consumer within the meaning of the French
Consumer Code (an individual acting for purposes outside their professional activity).

In accordance with Article L221-18 of the French Consumer Code, a consumer Client has a
14-day period from acceptance of the quote to exercise their right of withdrawal, without having
to provide a reason.

Exception: in accordance with Article L221-28, this right cannot be exercised
for services fully performed before the end of the withdrawal period, provided that performance
began following the Client’s express prior agreement, and that the Client expressly waived their
right of withdrawal. AWEN DISTRIBUTION OÜ obtains this express agreement in writing before any
early start of the service.

To exercise the right of withdrawal, the Client may notify their decision by email to
contact@awen-solutions.fr,
stating their name, the date of the accepted quote, and their decision to withdraw.

13
Liability and intellectual property of deliverables

Unless otherwise agreed in writing, deliverables provided to the Client (audit reports,
customised training materials, recommendations) become the Client’s property once the service
has been paid in full. The methodologies, tools, templates and generic materials developed by
AWEN DISTRIBUTION OÜ remain its exclusive property and may not be reused, distributed or resold
by the Client without written authorisation.

The liability of AWEN DISTRIBUTION OÜ cannot exceed the total amount invoiced for the service
concerned, except in the case of gross or wilful misconduct.

14
Confidentiality

Information exchanged as part of the engagement (internal documents, audit data, strategic
information) is treated as strictly confidential by AWEN DISTRIBUTION OÜ and is not disclosed
to any third party without the Client’s prior agreement, unless otherwise required by law.

15
Termination

Any cancellation by the Client must be notified at least 48 hours before the scheduled date of
the service. Failing this, the deposit paid remains the property of AWEN DISTRIBUTION OÜ as
compensation, without prejudice to invoicing for any time already committed.

In the event either party fails to meet its obligations and does not remedy this within 15
days of formal notice remaining without effect, the other party may terminate the ongoing
service, without prejudice to any damages.

16
Complaints handling and consumer mediation

In accordance with Article L616-1 of the French Consumer Code, every consumer Client has the
right to use a consumer mediator free of charge in the event of a dispute not resolved directly
with AWEN DISTRIBUTION OÜ.

In the event of any difficulty relating to a service, the Client is invited to contact our
customer service first to seek an amicable solution:

• By email: contact@awen-solutions.fr
• By post: AWEN DISTRIBUTION OÜ (registrikood 17434240), Juhkentali tn 8, Kesklinna
  linnaosa, Tallinn, Harju maakond, 10132, Estonia

16.1 Cross-border European mediation (ECC network)

If the Client is a consumer residing in France (or another EU country) and no amicable
solution has been found after a prior written complaint to our customer service, they may refer
the matter free of charge to the European Consumer Centre (ECC) France, which will act as an
intermediary to facilitate an amicable cross-border resolution with our Estonian-registered
company.

• Website: www.europe-consommateurs.eu
• Address: Centre Européen des Consommateurs France, Bahnhofsplatz, 77694 Kehl, Germany

16.2 Mediation in Estonia (Tarbijavaidluste komisjon)

As a company registered in Estonia, AWEN DISTRIBUTION OÜ falls under the Estonian consumer
mediation scheme. The Client may submit their dispute free of charge to the Estonian Consumer
Disputes Committee (Tarbijavaidluste komisjon), which operates under the Estonian Consumer
Protection and Technical Regulatory Authority (TTJA):

• Name of the body: Tarbijavaidluste komisjon (Consumer Disputes Committee)
• Website: ttja.ee/tarbijavaidluste-komisjon
• Postal address: Endla 10a, 10122 Tallinn, Estonia
• Email: avaldus@komisjon.ee

Proceedings before this committee can be conducted in Estonian or in English.

17
Applicable law and disputes

These terms and conditions of sale are governed by Estonian law, subject to, for consumer
Clients residing in the European Union, the mandatory protective provisions of their country of
residence (Rome I Regulation). See also section 3 of this legal notice.

18
Contact

For any question regarding this legal notice, privacy policy, or terms and conditions of
sale:

AWEN DISTRIBUTION OÜ
Email: contact@awen-solutions.fr
Contact form: awen-solutions.eu/contact