Legal notices
Définitions
Client: any professional or natural person with legal capacity under articles 1123 et seq. of France’s Civil Code, or a legal entity, which visits the Website that is the subject of these general terms and conditions.
Services: https://maison-labruyere-bordeaux.com makes available to Clients:
Content: all components making up the information available on the Website, in particular text, image and video.
Client information: hereinafter referred to as ‘Information’, means all personal data likely to be held by https://maison-labruyere-bordeaux.com to manage your account and the client relationship, and for analytical and statistical purposes.
User: internet user who connects to and uses the above-mentioned website.
Personal information: “Information that makes it possible, in any way whatsoever, whether directly or indirectly, to identify the natural person to whom it applies” (article 4 of France’s law No. 78-17 of 6 January 1978).
The terms ‘personal data’, ‘data subject’, ‘processor’ and ‘sensitive data’ have the meaning set out in the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the website
Under article 6 of France’s law No. 2004-575 of 21 June 2004 on confidence in the digital economy, we inform users of the website https://maison-labruyere-bordeaux.com of the identity of the various parties involved in creating and maintaining it:
Owner : SASU JARDIN ROYAL
Share capital of 2 780 000 €
VAT number: FR74848793121 00015
Adress : 70 AVENUE EDOUARD HERRIOT, 71000 MACON
Head of publication : SASU JARDIN ROYAL, contact@maison-labruyere-bordeaux.com
The head of publication may be a natural person or a legal entity.
Webmaster : SASU JARDIN ROYAL, webmaster@maison-labruyere-bordeaux.com
Web hosting service : OVH – 2, rue Kellermann – 59100 Roubaix – Tél : 1007
Data protection officer : Franck FOERSTER – rgpd@maison-labruyere-bordeaux.com
Creation : Vnpartners (Nathalie Vendeuge, Melissa Zambrana, Edouard Rossburger) – www.vnpartners.fr
2. General terms and conditions of use of the website and the services proposed
The Website is an intellectual work protected under the provisions of France’s Intellectual Property Code and applicable International Regulations. The Client cannot in any way reuse, assign or exploit for its own benefit all or part of the Website’s components or works.
The use of the website https://maison-labruyere-bordeaux.com implies the full acceptance of the general terms and conditions of use set out below. These terms and conditions of use may be amended or added to at any time. Users of the website https://maison-labruyere-bordeaux.com are therefore invited to consult them regularly.
This website can usually be accessed by users at any time. https://maison-labruyere-bordeaux.com may however decide to interrupt access in order to perform technical maintenance. It endeavours to inform users of the dates and times of such maintenance in advance.
The website https://maison-labruyere-bordeaux.com is regularly updated by https://maison-labruyere-bordeaux.com, the manager. Similarly, the legal notice may be amended at any time. Even so, it continues to apply to the user, who is invited to consult it as often as possible to familiarise themselves with it.
3. Description of services provided
The purpose of the website https://maison-labruyere-bordeaux.com is to provide information on all the company’s activities. https://maison-labruyere-bordeaux.com endeavours to provide information that is as accurate as possible on the website https://maison-labruyere-bordeaux.com. However, it may not be held responsible for omissions, inaccuracies or shortcomings concerning updates, whether these are due to its actions or those of third-party partners that provide such information.
All the information on the website https://maison-labruyere-bordeaux.com is provided for informational purposes and is subject to change. In addition, the information featuring on the website https://maison-labruyere-bordeaux.com is not exhaustive. Changes may have been made to it since it was published online.
4. Contractual limitations concerning technical data
The website uses WordPress, PHP, JavaScript, HTML and CSS technology. The website may not be held responsible for material damage linked to the use of the website. Moreover, the website user undertakes to visit the website using modern, virus-free equipment with a latest-generation, up-to-date browser.
The website https://maison-labruyere-bordeaux.com is hosted by a service provider on the territory of the European Union under the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The aim is to provide the best possible service in terms of accessibility. The web hosting service ensures that its service is available 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest durations possible, in particular for maintenance purposes, to improve its infrastructure or to fix flaws in its infrastructure, or if the Services generate traffic that is considered to be abnormal.
https://maison-labruyere-bordeaux.com and the web hosting service may not be held responsible in the event of the malfunction of the Internet network, telephone lines or computer or telephony equipment, due in particular to an overload of the network preventing access to the server.
5. Intellectual property and forgeries
https://maison-labruyere-bordeaux.com owns the intellectual property rights and holds the user rights over all the accessible components on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, performance, modification, publication or adaptation of all or part of the components of the website, regardless of the means or process used, is forbidden, except by prior written authorisation from https://maison-labruyere-bordeaux.com.
Any unauthorised use of the website or any of the components that it contains will be considered to constitute a forgery and will be subject to legal proceedings under the provisions of articles L.335-2 et seq. of France’s Intellectual Property Code.
6. Limitations of liability
https://maison-labruyere-bordeaux.com acts as publisher of the website. https://maison-labruyere-bordeaux.com is responsible for the quality and truthfulness of the Content it publishes.
https://maison-labruyere-bordeaux.com may not be held responsible for direct and indirect damage caused to the user’s equipment upon visiting the website https://maison-labruyere-bordeaux.com and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or the occurrence of a bug or an incompatibility.
In addition, https://maison-labruyere-bordeaux.com may not be held responsible for indirect damage (such as, for example, loss of a contract or loss of an opportunity) resulting from the use of the website https://maison-labruyere-bordeaux.com. Interactive areas (questions can be asked in the ‘contact’ area) are available to users. https://maison-labruyere-bordeaux.com reserves the right to delete, without prior formal notice, any content uploaded to this area that contravenes legislation applicable in France, in particular provisions relative to data protection. Where applicable, https://maison-labruyere-bordeaux.com also reserves the right to invoke the civil and/or criminal liability of the user, in particular in the event of racist, abusive, slanderous or pornographic messages, regardless of the media used (text, photography, etc.).
7. Handling of personal data
The Client is informed of the regulations concerning marketing communications, France’s law of 21 June 2014 on confidence in the digital economy and France’s data freedom law of 06 August 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Who is responsible for collecting personal data?
The controller of the Personal Data collected when the User creates a personal account and browses the Website is Patrick Payen. https://maison-labruyere-bordeaux.com is represented by Patrick Payen, its legal representative.
As the controller of the data it collects, https://maison-labruyere-bordeaux.com undertakes to comply with the current framework of legal provisions. Specifically, it is its responsibility to establish the purpose of data processing, provide its potential clients and clients, when obtaining their consent, with detailed information about how their data will be processed, and maintain an accurate register of such processing. Each time https://maison-labruyere-bordeaux.com processes Personal Data, https://maison-labruyere-bordeaux.com takes all reasonable measures to ensure the Personal Data are accurate and relevant to the purposes for which https://maison-labruyere-bordeaux.com processes them.
7.2 Purpose of collected data
https://maison-labruyere-bordeaux.com may process all or some data to:
- Make it possible to browse the Website and manage and track services ordered by the user: Website usage data and login details, invoicing, order history, etc.
- Prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
- Improve the Website browsing experience: login details and usage data
- Conduct voluntary satisfaction surveys on https://maison-labruyere-bordeaux.com: email address
- Conduct communication campaigns (sms, email): telephone number, email address
https://maison-labruyere-bordeaux.com does not sell your personal data, which are only used through necessity or for statistical and analytical purposes.
7.3 Right of access, right to rectification and right to object
In accordance with current European regulations, Users of https://maison-labruyere-bordeaux.com have the following rights:
- Right of access (article 15 GDPR) and right to rectification (article 16 GDPR), right to update and complete User data, right to block or erase User personal data (article 17 GDPR), when they are inaccurate, incomplete, ambiguous or obsolete, or when the collection, use, communication or retention thereof is forbidden
- Right to withdraw consent at any moment (article 13-2c GDPR)
- Right to restriction of processing of User data (article 18 GDPR)
- Right to object to the processing of User data (article 21 GDPR)
- Right to portability of data provided by Users, when such data are the subject of automated processing based on their consent or an agreement (article 20 GDPR)
- Right to decide the fate of the User’s data after the User’s death and to choose whether or not https://maison-labruyere-bordeaux.com should communicate such data to a third party appointed in advance.
As soon as https://maison-labruyere-bordeaux.com learns of the death of a User and in the absence of instructions on his or her part, https://maison-labruyere-bordeaux.com undertakes to destroy such data, unless it proves to be necessary to store it for the purposes of proof or to comply with a legal obligation.
If the user would like to know how https://maison-labruyere-bordeaux.com uses its Personal Data, ask it to rectify them or object to their processing, the User can contact https://maison-labruyere-bordeaux.com in writing at the following address:
SMS Labruyère
GDPR lead: Franck Foerster
70 avenue Edouard Herriot – 71000 Mâcon
In this case, the User must indicate which Personal Data it would like https://maison-labruyere-bordeaux.com to correct, update or delete, and provide full identification details with a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the obligations imposed on https://maison-labruyere-bordeaux.com by the law, in particular in terms of storing or archiving documents. Lastly, Users of https://maison-labruyere-bordeaux.com can file a complaint with the supervisory authorities, specifically the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://maison-labruyere-bordeaux.com shall not process, host or transfer the Information collected from its Clients to a country located outside the European Union or recognised as ‘inadequate’ by the European Commission without informing the Client thereof in advance. However, https://maison-labruyere-bordeaux.com remains free to choose its technical and commercial processors provided they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://maison-labruyere-bordeaux.com undertakes to take all the precautions necessary to maintain the security of the Information and in particular to ensure it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information were to be brought to the attention of https://maison-labruyere-bordeaux.com, the latter would inform the Client as soon as possible and advise it of the corrective actions taken. Incidentally, https://maison-labruyere-bordeaux.com does not collect any ‘sensitive data’.
The User’s Personal Data may be processed by subsidiaries of https://maison-labruyere-bordeaux.com and processors (service providers), exclusively for the purposes of this policy.
Within their respective remit and for the purposes set out above, the main people likely to have access to the data of Users of https://maison-labruyere-bordeaux.com are mainly those working in our customer services department.
8. Notification of an incident
Regardless of the efforts made, no online transmission method and no electronic storage method is completely secure. We cannot therefore guarantee absolute security. If we learn of a security breach, we will warn the users affected so they can take the appropriate measures. Our incident notification procedures take our legal obligations into account, whether these are on a national (French) or European level. We undertake to fully inform our clients of any issues stemming from the security of their account and to provide them with all the necessary information to help them comply with their own regulatory obligations in terms of reporting.
No personal information about the user of the website https://maison-labruyere-bordeaux.com is published without the knowledge of the user, exchanged, transferred, assigned or sold to third parties on any medium whatsoever. Only the eventual purchase of https://maison-labruyere-bordeaux.com and its rights would make it possible to transmit said information to the eventual buyer who would in turn be bound by the same obligation to store and amend data concerning the user of the website https://maison-labruyere-bordeaux.com.
Security
To make sure Personal Data remain secure and confidential, https://maison-labruyere-bordeaux.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://maison-labruyere-bordeaux.com takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The website https://maison-labruyere-bordeaux.com contains a number of hypertext links to other websites, put in place with the authorisation of https://maison-labruyere-bordeaux.com. However, https://maison-labruyere-bordeaux.com cannot check the content of websites visited in this way and consequently will not assume any responsibility in this respect.
Unless you decide to deactivate them you agree that the website can use cookies. You can deactivate the cookies at any moment and at no cost using the deactivation options presented to you, a reminder of which is given below, it being noted that this may reduce or render inaccessible all or some of the Services proposed by the website.
9.1. « COOKIES »
A cookie is a small text file sent to the User’s browser and saved on the User’s device (a computer or smartphone, for example) (hereinafter, ‘Cookies’). This file contains information such as the User’s domain name, the User’s internet provider and the User’s operating system, as well as the date and time the website was visited. Cookies cannot damage the User’s device in any way.
https://maison-labruyere-bordeaux.com is likely to process information about the User’s visit to the Website, such as pages viewed, and searches performed. This information enables https://maison-labruyere-bordeaux.com to improve the content of the Website and the User’s browsing experience.
Cookies facilitate the navigation and/or supply of the services proposed by the Website. As such, the User can configure his/her browser to enable him/her to decide to accept them and therefore agree to Cookies being saved on his/her device, or, on the contrary, to reject them, either systematically or depending on the provenance of the Cookies. The User can also configure his/her browser software to decide whether to accept or reject Cookies proposed to him/her on an ad-hoc basis, before a Cookie is likely to be saved to his/her device. https://maison-labruyere-bordeaux.com informs the User that, in this case, the functions of its browser software may not always be available.
If the User rejects the storage of Cookies on its device or browser, or if the User deletes those registered on it, the User is informed that his/her use and experience of the Website may be limited. This may also be the case when https://maison-labruyere-bordeaux.com or one of its service providers cannot recognise, for the purposes of technical compatibility, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the internet.
Where applicable, https://maison-labruyere-bordeaux.com accepts no responsibility for the consequences linked to the substandard operation of the Website and any services proposed by https://maison-labruyere-bordeaux.com, resulting (i) from refusal of the Cookies by the User (ii) the fact that https://maison-labruyere-bordeaux.com is unable to save or consult the Cookies required for them to work, due to the choice of the User. Each browser is configured differently with regard to Cookies and User preferences. Such configuration is described in the browser’s ‘help’ menu, where the User can find out how to change his/her Cookie preferences.
The User can choose to express or change his/her Cookie preferences at any time. In addition, https://maison-labruyere-bordeaux.com may use the services of external service providers to collect and process the information described in this section.
These types of cookies are only saved on your devices if you agree to it, by continuing to browse the Website or the mobile application of https://maison-labruyere-bordeaux.com. The User can however withdraw his/her consent to https://maison-labruyere-bordeaux.com saving this type of cookie at any time.
9.2. INTERNET TAGS
https://maison-labruyere-bordeaux.com may occasionally use internet tags (also known as web beacons, tracking pixels, pixel GIFs, clear GIFs, invisible GIFs or 1×1 GIFs) and deploy them via a partner specialising in web analytics which may be located (and therefore likely to store corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements that generate traffic to the Website, and on the various pages thereof. This technology enables https://maison-labruyere-bordeaux.com to assess visitors’ responses to the Website and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Website by the User.
The external service provider may collect information on the visitors to the Website and other websites by means of these tags, produce reports on the website activity for the attention of https://maison-labruyere-bordeaux.com, and provide other services pertaining to the use of it and of the internet.
10. Applicable law and choice of jurisdiction
Any dispute related to the use of the website https://maison-labruyere-bordeaux.com is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is attributed to the courts of Mâcon.