Definitions
Customer: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the Civil Code, or any legal entity, who visits the Website to which these general terms and conditions apply.
Services: https://www.waimea.fr provides Customers with:
Content: All elements constituting the information available on the Website, in particular text, images and videos.
Customer information: Hereinafter referred to as ‘Information’, which corresponds to all personal data that may be held by https://www.waimea.fr for the purposes of managing your account, managing customer relations, and for analytical and statistical purposes.
User: An internet user who logs in to and uses the aforementioned website.
Personal information: ‘Information which, in any form whatsoever, directly or indirectly, enables the identification of the natural persons to whom it relates’ (Article 4 of Law No. 78-17 of 6 January 1978).
The terms ‘personal data’, ‘data subject’, ‘processor’ and ‘sensitive data’ have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679)
1. Introduction to the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://www.waimea.fr are hereby informed of the identities of the various parties involved in its creation and management:
Owner: SAS PLEIN TUBES Share capital: €200,400 VAT number: FR2133523229400025 – 3 ESPLANADE DES GASCONS, CHAMBRE D’AMOUR 64600 ANGLET, SIRET: 33523229400025
Publication manager: ANTON XAVIER – xavanton@numericable.fr
The person responsible for publication is either a natural person or a legal entity.
Webmaster: LE BRENN OLIVIER – olivier.lebrenn@diazol.com
Web host: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: ANTON XAVIER – xavanton@numericable.fr
This legal notice template is provided by the free legal notice generator for websites
2. General Terms and Conditions of Use of the website and the services offered.
The Website constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Customer may not, under any circumstances, reuse, transfer or exploit for their own benefit all or part of the elements or works contained on the Website.
Use of the website https://www.waimea.fr implies full and unconditional acceptance of the general terms and conditions of use set out below. These terms and conditions of use may be amended or supplemented at any time; users of the website https://www.waimea.fr are therefore advised to consult them regularly.
This website is normally accessible to users at all times. However, https://www.waimea.fr may decide to suspend access for technical maintenance purposes, in which case it will endeavour to notify users in advance of the dates and times of such maintenance. The https://www.waimea.fr website is updated regularly by the person responsible for https://www.waimea.fr. Similarly, the legal notices may be amended at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to keep abreast of any changes.
3. Description of the services provided.
The purpose of the website https://www.waimea.fr is to provide information concerning all the company’s activities. https://www.waimea.fr endeavours to provide information on the website https://www.waimea.fr that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or failures to update the information, whether caused by itself or by third-party partners who provide this information.
All information provided on the https://www.waimea.fr website is for guidance only and is subject to change. Furthermore, the information on the website https://www.waimea.fr is not exhaustive. It is subject to any changes that may have been made since it was published online.
4. Contractual limitations regarding technical data.
The website uses JavaScript technology. The website cannot be held liable for any material damage arising from the use of the website. Furthermore, users of the website undertake to access the website using up-to-date hardware, free from viruses, and with a latest-generation, up-to-date web browser. The website https://www.waimea.fr is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)
The aim is to provide a service that ensures the highest possible level of accessibility. The hosting provider guarantees 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 purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services generate traffic deemed to be abnormal.
https://www.waimea.fr and the hosting provider shall not be held liable in the event of a malfunction of the internet network, telephone lines or IT and telephony equipment, particularly where this is due to network congestion preventing access to the server.
5. Intellectual property and infringements.
https://www.waimea.fr owns the intellectual property rights and holds the rights of use for all elements accessible on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, by whatever means or process, is prohibited without the prior written authorisation of: https://www.waimea.fr.
Any unauthorised use of the website or any of the elements it contains shall be deemed to constitute an infringement and shall be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
https://www.waimea.fr acts as the publisher of the website. https://www.waimea.fr is responsible for the quality and accuracy of the Content it publishes.
https://www.waimea.fr shall not be held liable for any direct or indirect damage caused to the user’s equipment whilst accessing the website https://www.waimea.fr, and resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the occurrence of a bug or incompatibility.
https://www.waimea.fr shall also not be held liable for any indirect damage (such as, for example, loss of business or loss of opportunity) arising from the use of the website https://www.waimea.fr. Interactive features (such as the ability to ask questions via the contact form) are available to users. https://www.waimea.fr reserves the right to remove, without prior notice, any content posted in this section that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://www.waimea.fr also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of messages of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on Confidence in the Digital Economy, the Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Data controllers
For Personal Data collected in connection with the creation of the User’s personal account and their browsing of the Website, the data controller is: PLEIN TUBES. https://www.waimea.frest, represented by ANTON XAVIER, its legal representative
As the data controller for the data it collects, https://www.waimea.fr undertakes to comply with the applicable legal framework. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers – once their consent has been obtained – with comprehensive information on the processing of their personal data, and to maintain a register of processing activities that accurately reflects the reality. Whenever https://www.waimea.fr processes Personal Data, https://www.waimea.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://www.waimea.fr processes it.
7.2 Purpose of the data collected
https://www.waimea.fr may process all or part of the data:
- to enable navigation on the Website and the management and traceability of the services ordered by the user: login and usage data for the Website, invoicing, order history, etc.
- to prevent and combat cybercrime (spam, hacking, etc.): IT equipment used for browsing, IP address, password (hashed)
- to improve navigation on the Website: connection and usage data
- to conduct optional satisfaction surveys on https://www.waimea.fr: email address
- to carry out communication campaigns (text messages, emails): telephone number, email address
https://www.waimea.fr does not sell your personal data, which is therefore used only where necessary or for statistical and analytical purposes.
7.3 Right of access, rectification and objection
In accordance with current European regulations, Users of https://www.waimea.fr have the following rights:
- the right of access (Article 15 of the GDPR) and rectification (Article 16 of the GDPR), and the right to update and ensure the completeness of Users’ data the right to restrict processing or erasure of Users’ personal data (Article 17 of the GDPR), where such data is inaccurate, incomplete, ambiguous, out of date, or where its collection, use, disclosure or storage is prohibited
- the right to withdraw consent at any time (Article 13(2)(c) of the GDPR)
- the right to restrict the processing of Users’ data (Article 18 of the GDPR)
- the right to object to the processing of Users’ data (Article 21 of the GDPR)
- the right to data portability in respect of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 of the GDPR)
- the right to determine the fate of Users’ data following their death and to choose to whom https://www.waimea.fr must (or must not) disclose their data to a third party previously designated by them
As soon as https://www.waimea.fr becomes aware of a User’s death and in the absence of any instructions from them, https://www.waimea.fr undertakes to destroy the User’s data, unless its retention is necessary for evidential purposes or to comply with a legal obligation.
If the User wishes to know how https://www.waimea.fr uses their Personal Data, to request that it be corrected, or to object to its processing, the User may contact https://www.waimea.fr in writing at the following address:
SAS PLEIN TUBES – DPO, ANTON XAVIER
3 ESPLANADE DES GASCONS, CHAMBRE D'AMOUR 64600 ANGLET.
In this case, the User must specify the Personal Data they would like https://www.waimea.fr to correct, update or delete, providing clear proof of identity by means of 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.waimea.fr by law, in particular regarding the retention or archiving of documents. Finally, Users of https://www.waimea.fr may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.waimea.fr undertakes not to process, host or transfer the information collected about its customers to a country outside the European Union or recognised as ‘inadequate’ by the European Commission without first informing the customer. However, https://www.waimea.fr remains free to choose its technical and commercial data processors, provided that they offer sufficient safeguards in accordance with the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.waimea.fr undertakes to take all necessary precautions to safeguard the security of the Information and, in particular, to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://www.waimea.fr, the latter must inform the Client as soon as possible and notify them of the corrective measures taken. Furthermore, https://www.waimea.fr does not collect any ‘sensitive data’.
The User’s Personal Data may be processed by subsidiaries of https://www.waimea.fr and data processors (service providers), solely for the purposes set out in this policy.
Within the limits of their respective remit and for the purposes set out above, the main individuals likely to have access to the data of https://www.waimea.fr users are primarily our customer service representatives.
8. Incident notification
However hard we try, no method of transmission over the internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed about all matters relating to the security of their accounts and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information relating to users of the https://www.waimea.fr website is published without the user’s knowledge, nor is it exchanged, transferred, assigned or sold in any form to third parties. Only in the event of the acquisition of https://www.waimea.fr and its rights would the transmission of such information to the prospective purchaser be permitted; the purchaser would in turn be bound by the same obligation regarding the retention and modification of data vis-à-vis users of the https:// websitewww.waimea.fr.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.waimea.fr uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://www.waimea.frprend takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks, ‘cookies’ and web beacons (‘tags’)
The website https://www.waimea.fr contains a number of hyperlinks to other websites, which have been included with the authorisation of https://www.waimea.fr. However, https://www.waimea.fr is unable to verify the content of the websites visited in this way and therefore accepts no liability in this regard.
Unless you choose to disable cookies, you agree that the website may use them. You may disable these cookies at any time, free of charge, using the opt-out options provided and outlined below, whilst being aware that this may reduce or prevent access to all or part of the Services offered by the website.
9.1. ‘COOKIES’
A ‘cookie’ is a small data file sent to the User’s browser and stored on the User’s device (e.g. computer, smartphone) (hereinafter ‘Cookies’). This file contains information such as the User’s domain name, the User’s internet service provider, the User’s operating system, and the date and time of access. Cookies do not in any way pose a risk of damage to the User’s device.
https://www.waimea.fr may process information relating to the User’s visit to the Website, such as the pages viewed and searches carried out. This information enables https://www.waimea.fr to improve the content of the Website and the User’s browsing experience.
As cookies facilitate navigation and/or the provision of the services offered by the Website, the User may configure their browser to allow them to decide whether or not to accept them, so that cookies are either stored on their device or, conversely, rejected – either systematically or depending on the issuer. The User may also configure their browser so that they are asked to accept or refuse Cookies on a case-by-case basis, before a Cookie is likely to be stored on their device. https://www.waimea.fr informs the User that, in this case, not all features of their browser may be available.
If the User refuses to allow cookies to be stored on their device or in their browser, or if the User deletes those already stored there, the User is advised that their browsing and experience on the Website may be limited. This may also be the case where https://www.waimea.fr or one of its service providers is unable, for technical compatibility reasons, to recognise 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 this occurs, https://www.waimea.fr accepts no liability for any consequences arising from the impaired functioning of the Website and any services offered by https://www.waimea.fr, resulting from (i) the User’s refusal of cookies or (ii) https://www.waimea.fr’s inability to store or access the cookies necessary for their operation due to the User’s choice. Each browser has different settings for managing cookies and the User’s preferences. These are described in the browser’s help menu, which explains how the User can change their cookie settings.
At any time, the User may choose to express and amend their preferences regarding cookies. https://www.waimea.fr may also use the services of external providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the icons for the social media platforms Twitter, Facebook, LinkedIn and Google Plus appearing on the https://www.waimea.fr website or in its mobile app – and if the User has accepted the use of cookies by continuing to browse the https://www.waimea.fr website or mobile app – Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices provided that you consent to them by continuing to browse the https://www.waimea.fr website or mobile app. However, the User may withdraw their consent for https://www.waimea.fr to place this type of cookie at any time.
Article 9.2. WEB BEACONS (“TAGS”)
https://www.waimea.fr may occasionally use web beacons (also known as ‘tags’, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a partner specialising in web analytics, which may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These web beacons are placed both in the online adverts that allow internet users to access the Website and on the various pages of the Website itself.
This technology enables https://www.waimea.fr to assess visitors’ responses to the Site and the effectiveness of its activities (for example, the number of times a page is opened and the information viewed), as well as the User’s use of this Site.
The external service provider may collect information about visitors to the Website and other websites via these tags, compile reports on the Website’s activity for https://www.waimea.fr, and provide other services relating to the use of the Website and the internet.
10. Applicable law and jurisdiction.
Any dispute arising in connection with the use of the https://www.waimea.fr website shall be governed by French law. Except where prohibited by law, exclusive jurisdiction is hereby conferred on the competent courts of Bayonne.