Definitions
Client: any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these general conditions.
Services and Services: Le Boutique makes available to Clients:
Content: All elements constituting the information present on the Site, namely texts – images – videos.
Customer Information: Hereafter referred to as “Information(s)” which corresponds to all personal data likely to be held by Le Boutique for the management of your account, customer relationship management and for analysis and statistics purposes.
User: Internet user connecting, using the aforementioned site.
Personal Information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (article 4 of law n° 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: n° 2016-679)
1. Presentation of the website.
In accordance with article 6 of law n° 2004-575 of June 21, 2004 for confidence in the digital economy, users of the website Le Boutique are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Carlos R. Martinez – 3456 Fashion Avenue, Style City, ES 12345
Publication Manager: Maria L. Rodriguez – MariaRodriguez@leboutique.es
The publication manager is a natural person or a legal person.
Webmaster: Maria L. Rodriguez – MariaRodriguez@leboutique.es
Host: FashionHost Solutions – 7890 Design Lane, Chic City, ES 12345
Data Protection Officer: Carlos R. Martinez – CarlosMartinez@leboutique.es
2. General Terms of Use of the Site and Services Offered.
The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may in no way reuse, assign or exploit for their own account all or part of the elements or works of the Site.
The use of the site Le Boutique implies full and complete acceptance of the general conditions of use described below. These conditions of use are likely to be modified or supplemented at any time, so users of the site Le Boutique are invited to consult them regularly.
This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by Le Boutique, which will then endeavor to communicate the dates and times of the intervention to users in advance. The website Le Boutique is regularly updated by the responsible party. Similarly, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to become aware of them.
3. Description of the Services Provided.
The purpose of the website Le Boutique is to provide information concerning all of the company’s activities. Le Boutique endeavors to provide on the site Le Boutique information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the update, whether they are its own fault or the fault of third-party partners who provide this information.
All information indicated on the site Le Boutique is given as an indication, and is likely to evolve. Furthermore, the information on the site Le Boutique is not exhaustive. They are given subject to modifications having been made since their online publication.
4. Contractual Limitations on Technical Data.
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. Moreover, the user of the site undertakes to access the site using recent equipment, containing no viruses and with a last-generation updated browser. The site Le Boutique is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructures, failure of its infrastructures or if the Services and Services generate traffic reputed to be abnormal.
Le Boutique and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the server.
5. Intellectual Property and Counterfeits.
Le Boutique is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, 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, whatever the means or process used, is prohibited, without the prior written authorization of: Le Boutique.
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of Liability.
Le Boutique acts as the publisher of the site. Le Boutique is responsible for the quality and truthfulness of the Content it publishes.
Le Boutique cannot be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the website Le Boutique, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Le Boutique cannot also be held responsible for indirect damages (such as for example a loss of market or loss of a chance) consequent to the use of the site Le Boutique. Interactive spaces (possibility of asking questions in the contact space) are available to users. Le Boutique reserves the right to delete, without prior notice, any content posted in this space that contravenes applicable legislation in France, in particular the provisions relating to data protection. If necessary, Le Boutique also reserves the right to challenge the civil and/or criminal liability of the user, in particular in the event of a message with a racist, insulting, defamatory, or pornographic nature, whatever the medium used (text, photography…).
7. Management of Personal Data.
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).
7.1 Responsible for Collecting Personal Data
For Personal Data collected as part of the creation of the User’s personal account and their navigation on the Site, the person responsible for processing Personal Data is: Carlos R. Martinez. Le Boutique is represented by Carlos R. Martinez, its legal representative
As the person responsible for processing the data it collects, Le Boutique undertakes to comply with the legal framework in force. It is up to the Client to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Each time Le Boutique processes Personal Data, Le Boutique takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Le Boutique processes it.
7.2 Purpose of the Data Collected
Le Boutique may process all or part of the data:
- to allow navigation on the Site and the management and traceability of the services and services ordered by the user: connection and usage data of the Site, billing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on Le Boutique: email address
- to conduct communication campaigns (sms, mail): phone number, email address
Le Boutique does not market your personal data which are therefore only used by necessity or for statistical and analysis purposes.
7.3 Right of Access, Rectification and Opposition
In accordance with the European regulation in force, the Users of Le Boutique have the following rights:
- right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of the data of the Users right to lock or delete the personal data of the Users (article 17 of the RGPD), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (article 13-2c RGPD)
- right to limit the processing of Users’ data (article 18 RGPD)
- right to object to the processing of Users’ data (article 21 RGPD)
- right to the portability of the data that the Users have provided, when these data are the subject of automated processing based on their consent or on a contract (article 20 RGPD)
- right to define the fate of the Users’ data after their death and to choose to whom Le Boutique should communicate (or not) its data to a third party whom they have previously designated
As soon as Le Boutique is aware of the death of a User and in the absence of instructions from him, Le Boutique undertakes to destroy his data, unless their retention proves necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how Le Boutique uses his Personal Data, request to rectify them or object to their processing, the User can contact Le Boutique in writing at the following address:
Carlos R. Martinez – DPO, Carlos R. Martinez3456 Fashion Avenue, Style City, ES 12345
In this case, the User must indicate the Personal Data which he would like Le Boutique to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the obligations imposed on Le Boutique by law, in particular with regard to the conservation or archiving of documents. Finally, the Users of Le Boutique can file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of Personal Data
Le Boutique prohibits the processing, hosting or transferring of Information collected on its Customers to a country located outside the European Union or recognized as “inadequate” by the European Commission without informing the customer beforehand. However, Le Boutique remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).
Le Boutique undertakes to take all necessary precautions to preserve the security of the Information and in particular that they are not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of Le Boutique, the latter must inform the Customer as soon as possible and communicate to him the corrective measures taken. Furthermore, Le Boutique does not collect any “sensitive data”.
The Personal Data of the User may be processed by subsidiaries of Le Boutique and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of Le Boutique are mainly the agents of our customer service.
8. Incident Notification
Whatever the efforts provided, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether national or European. We undertake to fully inform our customers of all issues relating to the security of their account and to provide them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the site Le Boutique is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the takeover of Le Boutique and its rights would allow the transmission of the said information to the potential purchaser who would in turn be obliged to the same obligation of conservation and modification of data with regard to the user of the site Le Boutique.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, Le Boutique uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.
When processing Personal Data, Le Boutique takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext Links “cookies” and Internet Tags
The site Le Boutique contains a number of hypertext links to other sites, set up with the authorization of Le Boutique. However, Le Boutique does not have the possibility to verify the content of the sites thus visited, and will therefore assume no responsibility for this fact.
Unless you decide to disable cookies, you accept that the site can use them. You can at any time disable these cookies and this free of charge from the disabling possibilities which are offered to you and recalled below, knowing that this can reduce or prevent accessibility to all or part of the Services offered by the site.9.1. “COOKIES”
A “cookie” is a small information file sent to the User’s browser and saved within the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file contains information such as the domain name of the User, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies in no way risk damaging the User’s terminal.
Le Boutique may process the User’s information concerning his visit to the Site, such as the pages viewed, the searches performed. This information allows Le Boutique to improve the content of the Site, the User’s navigation.
Cookies facilitating navigation and/or the provision of the services offered by the Site, the User can configure his browser so that it allows him to decide whether or not he wishes to accept them so that Cookies are saved in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure his browsing software so that the acceptance or refusal of Cookies is offered to him punctually, before a Cookie is likely to be saved on his terminal. Le Boutique informs the User that, in this case, it may be that the functionalities of his browsing software are not all available.
If the User refuses the saving of Cookies in his terminal or his browser, or if the User deletes those which are saved there, the User is informed that his navigation and his experience on the Site may be limited. This could also be the case when Le Boutique or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.
In this case, Le Boutique declines all responsibility for the consequences related to the degraded operation of the Site and the services possibly offered by Le Boutique, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for Le Boutique to save or consult the Cookies necessary for their operation due to the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will allow to know how the User can modify his wishes in terms of Cookies.
At any time, the User can make the choice to express and modify his wishes in terms of Cookies. Le Boutique may also use the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Site of Le Boutique or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the Website or the mobile application of Le Boutique, Twitter, Facebook, Linkedin and Google Plus can also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals provided that you consent to them, by continuing your navigation on the Website or the mobile application of Le Boutique. At any time, however, the User can reconsider his consent to Le Boutique depositing this type of cookie.
Article 9.2. INTERNET TAGS
Le Boutique may occasionally use Internet tags (also known as “tags”, or action tags, GIFs with a single pixel, transparent GIFs, invisible GIFs and single GIFs) and deploy them through a specialist web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements allowing Internet users to access the Site, and on the various pages of the latter.
This technology allows Le Boutique to evaluate the responses of visitors to the Site 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 Site by the User.
The external provider may eventually collect information about visitors to the Site and other websites through these tags, draw up reports on the activity of the Site for Le Boutique, and provide other services relating to the use of the latter and of the Internet.
10. Applicable Law and Jurisdiction.
Any dispute relating to the use of the site Le Boutique is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of Paris