Legal notice
Definitions
Client : any professional or legally capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site covered by these general terms and conditions.
Services and Offerings : https://www.eclat-du-mont-blanc.com provides Clients with :
Content : All the elements making up the information present on the Site, in particular texts – images – videos.
Client information : Hereinafter referred to as "Information(s)", corresponding to all the personal data that may be held by https://www.eclat-du-mont-blanc.com for the management of your account, the management of the customer relationship and for analysis and statistical purposes.
User : Internet user connecting to and using the aforementioned site.
Personal information : "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of Act no. 78-17 of 6 January 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. Presentation of the website.
Pursuant to article 6 of Act no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://www.eclat-du-mont-blanc.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner :
L'Éclat du Mont-Blanc
Publication manager :
Name of the publication manager Email of the publication manager
The publication manager is a natural person or a legal entity.
Webmaster :
Webmaster name
Hosting provider :
Hosting provider name -
Hosting provider address
Data protection officer :
Data protection officer name Officer email
2. General terms of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable International Regulations. The Client may in no way reuse, assign or exploit for its own account all or part of the elements or works of the Site.
Use of the site https://www.eclat-du-mont-blanc.com 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, so users of the site https://www.eclat-du-mont-blanc.com are invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance reasons may however be decided by https://www.eclat-du-mont-blanc.com, which will then endeavour to inform users in advance of the dates and times of the intervention. The website https://www.eclat-du-mont-blanc.com is updated regularly by the responsible party https://www.eclat-du-mont-blanc.com. Likewise, the legal notice may be modified at any time : it is nonetheless binding on the user, who is invited to refer to it as often as possible in order to be aware of it.
3. Description of the services provided.
The purpose of the website https://www.eclat-du-mont-blanc.com is to provide information about all the company's activities. https://www.eclat-du-mont-blanc.com endeavours to provide information on the site https://www.eclat-du-mont-blanc.com that is as accurate as possible. However, it may not be held liable for omissions, inaccuracies and shortcomings in the updates, whether caused by itself or by the third-party partners who provide it with this information.
All the information provided on the site https://www.eclat-du-mont-blanc.com is given for information purposes only and is subject to change. Furthermore, the information appearing on the site https://www.eclat-du-mont-blanc.com is not exhaustive. It is provided subject to any changes that may have been made since it was put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website may not be held liable for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with an up-to-date latest-generation browser. The site https://www.eclat-du-mont-blanc.com is hosted by a provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR : no. 2016-679)
The objective is to provide a service that ensures the best possible accessibility rate. The hosting provider ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, infrastructure improvement, infrastructure failure, or if the Services and Offerings generate traffic deemed abnormal.
https://www.eclat-du-mont-blanc.com and the hosting provider may not be held liable in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment, in particular related to network congestion preventing access to the server.
5. Intellectual property and infringement.
https://www.eclat-du-mont-blanc.com owns the intellectual property rights and holds the rights of use for all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without prior written authorisation from : https://www.eclat-du-mont-blanc.com.
Any unauthorised use of the site or of any of the elements it contains will be considered to constitute an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitations of liability.
https://www.eclat-du-mont-blanc.com acts as the publisher of the site. https://www.eclat-du-mont-blanc.com is responsible for the quality and truthfulness of the Content it publishes.
https://www.eclat-du-mont-blanc.com may not be held liable for direct and indirect damage caused to the user's equipment when accessing the website https://www.eclat-du-mont-blanc.com, 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 an incompatibility.
https://www.eclat-du-mont-blanc.com may also not be held liable for indirect damage (such as, for example, loss of business or loss of opportunity) resulting from the use of the site https://www.eclat-du-mont-blanc.com. Interactive spaces (the possibility of asking questions in the contact area) are available to users. https://www.eclat-du-mont-blanc.com reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://www.eclat-du-mont-blanc.com also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the Act of 21 June 2014 on confidence in the Digital Economy, the French Data Protection Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR : no. 2016-679).
7.1 Controllers of personal data collection
For the Personal Data collected as part of the creation of the User's personal account and their browsing of the Site, the controller of the Personal Data is represented by Name of the company's legal representative, its legal representative
As the controller of the data it collects, https://www.eclat-du-mont-blanc.com undertakes to comply with the framework of the legal provisions in force. It is in particular the Client's responsibility to establish the purposes of its data processing, to provide its prospects and customers, based on the collection of their consent, with complete information on the processing of their personal data, and to maintain a record of processing activities that reflects reality. Each time https://www.eclat-du-mont-blanc.com processes Personal Data, https://www.eclat-du-mont-blanc.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.eclat-du-mont-blanc.com processes it.
7.2 Purpose of the data collected
https://www.eclat-du-mont-blanc.com may process all or part of the data :
- to allow browsing of the Site and the management and traceability of the services ordered by the user : connection and Site usage data, billing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.) : computer equipment used for browsing, the IP address, the (hashed) password
- to improve browsing on the Site : connection and usage data
- to conduct optional satisfaction surveys on https://www.eclat-du-mont-blanc.com : email address
- to conduct communication campaigns (sms, email) : telephone number, email address
https://www.eclat-du-mont-blanc.com does not sell your personal data, which is therefore used only out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and objection
In accordance with the European regulations in force, Users of https://www.eclat-du-mont-blanc.com have the following rights :
- right of access (article 15 GDPR) and rectification (article 16 GDPR), updating and completion of Users' data, the right to lock or erase Users' personal data (article 17 GDPR) when it is inaccurate, incomplete, ambiguous or out of date, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (article 13-2c GDPR)
- right to restrict the processing of Users' data (article 18 GDPR)
- right to object to the processing of Users' data (article 21 GDPR)
- right to the portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
- right to determine the fate of Users' data after their death and to choose to whom https://www.eclat-du-mont-blanc.com must (or must not) communicate their data, to a third party whom they will have previously designated
As soon as https://www.eclat-du-mont-blanc.com becomes aware of the death of a User and in the absence of instructions from them, https://www.eclat-du-mont-blanc.com undertakes to destroy their data, unless its retention proves necessary for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how https://www.eclat-du-mont-blanc.com uses their Personal Data, to request its rectification or to object to its processing, the User may contact https://www.eclat-du-mont-blanc.com in writing at the following address :
COMPANY – DPO, Data protection officer name Officer address
In this case, the User must indicate the Personal Data they would like https://www.eclat-du-mont-blanc.com to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.eclat-du-mont-blanc.com by law, in particular regarding the retention or archiving of documents. Finally, Users of https://www.eclat-du-mont-blanc.com may lodge a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.eclat-du-mont-blanc.com refrains from processing, hosting or transferring the Information collected about its Clients to a country located outside the European Union or recognised as "inadequate" by the European Commission without first informing the client. However, https://www.eclat-du-mont-blanc.com remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR : no. 2016-679).
https://www.eclat-du-mont-blanc.com undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client's Information comes to the attention of https://www.eclat-du-mont-blanc.com, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://www.eclat-du-mont-blanc.com does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of https://www.eclat-du-mont-blanc.com and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to the data of the Users of https://www.eclat-du-mont-blanc.com are mainly the agents of our customer service.
7.5 Types of data collected
Concerning the users of a https://www.eclat-du-mont-blanc.com Site, we collect the following data, which is essential for the operation of the service and which will be kept for a maximum period of 9 months after the end of the contractual relationship:
What data is collected
https://www.eclat-du-mont-blanc.com also collects information that helps to improve the user experience and to provide contextualised advice :
Data used to improve the user experience and to provide contextualised advice
This data is kept for a maximum period of 9 months after the end of the contractual relationship
8. Incident notification
Whatever the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify the affected users so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to fully inform our customers of all matters relating to the security of their account and to provide them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://www.eclat-du-mont-blanc.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the acquisition of https://www.eclat-du-mont-blanc.com and its rights would allow the said information to be passed on to the possible acquirer, who would in turn be bound by the same obligation to retain and modify the data with respect to the user of the site https://www.eclat-du-mont-blanc.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.eclat-du-mont-blanc.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://www.eclat-du-mont-blanc.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 site https://www.eclat-du-mont-blanc.com contains a number of hypertext links to other sites, set up with the authorisation of https://www.eclat-du-mont-blanc.com. However, https://www.eclat-du-mont-blanc.com does not have the ability to check the content of the sites thus visited, and will consequently accept no responsibility for this.
Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time and free of charge, using the deactivation options offered to you and described below, in the knowledge that this may 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 stored within the User's terminal (e.g. : computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, 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.
https://www.eclat-du-mont-blanc.com may process the User's information concerning their visit to the Site, such as the pages viewed and the searches carried out. This information enables https://www.eclat-du-mont-blanc.com to improve the content of the Site and the User's navigation.
As Cookies facilitate navigation and/or the provision of the services offered by the Site, the User can configure their browser to allow them to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, rejected, either systematically or according to their sender. The User can also configure their browsing software so that the acceptance or refusal of Cookies is proposed to them on a case-by-case basis, before a Cookie is likely to be stored in their terminal. https://www.eclat-du-mont-blanc.com informs the User that, in this case, not all the features of their browsing software may be available.
If the User refuses the storage of Cookies in their terminal or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://www.eclat-du-mont-blanc.com or one of its providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.
Where applicable, https://www.eclat-du-mont-blanc.com declines all responsibility for the consequences related to the degraded operation of the Site and the services possibly offered by https://www.eclat-du-mont-blanc.com, resulting from (i) the User's refusal of Cookies (ii) the impossibility for https://www.eclat-du-mont-blanc.com to store or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will explain how the User can modify their Cookie preferences.
At any time, the User may choose to express and modify their wishes regarding Cookies. https://www.eclat-du-mont-blanc.com may also call on 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 https://www.eclat-du-mont-blanc.com or in its mobile application, and if the User has accepted the placement of cookies by continuing to browse the website or mobile application of https://www.eclat-du-mont-blanc.com, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals provided that you consent to them, by continuing to browse the website or mobile application of https://www.eclat-du-mont-blanc.com. At any time, however, the User may withdraw their consent to https://www.eclat-du-mont-blanc.com placing this type of cookie.
Article 9.2. INTERNET TAGS
https://www.eclat-du-mont-blanc.com may occasionally use Internet tags (also known as "tags", or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics specialist partner that 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 online advertisements that allow Internet users to access the Site, and on the various pages of the Site.
This technology allows https://www.eclat-du-mont-blanc.com to evaluate visitors' responses 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 User's use of this Site.
The external provider may possibly collect information about visitors to the Site and other websites using these tags, compile reports on the activity of the Site for https://www.eclat-du-mont-blanc.com, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the site https://www.eclat-du-mont-blanc.com is subject to French law. Except where the law does not permit it, exclusive jurisdiction is granted to the competent courts of the city of the court having jurisdiction in the event of a dispute.