LEGAL NOTICES
DEFINITIONS
Customers : any able professional or individual persons within the meaning of articles 1123 the French Civil Code, or legal entity, who visits the website which is the subject of these general terms and conditions.
Benefits and Services : www.momentdeplaisir.fr makes available to Customers :
Content: All elements constituting the information present on the website, in particular texts – images – videos.
Customers Informations : Hereinafter referred to as « Information (s) » which corresponds to all personal data that may be detained by www.momentdeplaisir.fr for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned website.
Personal informations : « Informations that allow, in any form what ever, directly or not, identification of the indivuals persons to whom it applies » (article 4 of law no. 78-17 of January 6, 1978).
The terms : « personal data », « data subject », « subcontractor » 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 the law n°2004-575 of june 21th, 2004 for trust in the digital economy, it is specified to users of the website www.momentdeplaisir.fr the identity of different parties involved performs and follow up:
Owner : SAS LES VINS AUJOUX Capital social de 3 450 000,00 € – La Bâtie 71 570 La Chapelle de Guinchay
Publication manager : Cyril Gigarel – cgigarel@aujoux.fr
Publication manager is a indivual person or legal entity.
Webmaster : JL Consulting Web – contact@consulting-web.com
Hosting Compagny : ovh – 2 rue Kellermann 59100 Roubaix 1007
Data protection officer : Moment de Plaisir – contact@momentdeplaisir.fr
2. TERMS AND CONDITIONS OF USE AND services offered
The Site constitutes a work of the spirit protected by the provisions of the Code of Intellectual Property and applicable International Regulations.
The Client cannot in any way re-use, assign or exploit for own account all or part of the elements or works of the website.
The use of the website www.momentdeplaisir.fr involves full acceptance of general conditions and terms of use. These terms of use may be changed or complemented at any time, users of the website www.momentdeplaisir.fr are therefore invited to consult them regularly.
This website is normally accessible to all users at any time. An interruption due to technical maintenance may however be decided by www.momentdeplaisir.fr, who will try to notify users in advance of the dates and times of the intervention.
The website www.momentdeplaisir.fr is updated regularly by www.momentdeplaisir.fr manager. In the same way, the legal notices can be modified at any time : they are nevertheless necessary to the user to refer to them as often as possible in order to be aware.
3. Description of services provided
The website www.momentdeplaisir.fr aims to provide information about all the company’s activities.
www.momentdeplaisir.fr strives to provide informations that must be as specific as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are caused by it or by partners who provide the informations.
All information on the website www.momentdeplaisir.fr is indicative datasuj and is subject to change.
In addition, the information on www.momentdeplaisir.fr/ is not exhaustive. They are subject to changes that have been made since they were put online.
4. Contractual limitations on technical data
The website uses JavaScript technology.
The website cannot be held responsible for material damage related to the use of the website.
In addition, the user is committed using recent material to access on the site, containing no virus and with an updated latest generation browser.
www.momentdeplaisir.fr is hosted by a service provider in 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 rate of accessibility. The host ensures the continuity of services 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, to improve infrastructure, failure of infrastructure or if the Services generate traffic performing abnormally.
www.momentdeplaisir.fr and the host can not be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to the congestion of the network preventing access to the server.
5. Intellectual property and counterfeits
www.momentdeplaisir.fr 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 the process used, is prohibited, unless prior written authorization of : www.momentdeplaisir.fr.
Any unauthorized use of the website or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.
6. liability limitations
www.momentdeplaisir.fr acts as editor of the site.
www.momentdeplaisir.fr is responsible for the quality and truthe of the Content published.
www.momentdeplaisir.fr cannot be held responsible for direct and indirect damages caused to the user’s material, when they’re accessing the website www.momentdeplaisir.fr, and resulting either from the use of material that are not indicated in the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.
www.momentdeplaisir.fr cannot also be held responsible for indirect damages (such as market loss or loss of opportunity) resulting from the use of the site www.momentdeplaisir.fr.
Interactive spaces (possibility to ask questions in the contact area) are available to users. www.momentdeplaisir.fr reserves the right to delete, without formal notice, any content deposited in this space that would violate the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, www.momentdeplaisir.fr also reserves the right to question the user’s civil and/or criminal liability, in particular in the event of racist, abusive, defamatory, or pornographic messages, whatever the medium used (text, photograph, etc.).
7. MANAGEMENT OF PERSONAL DATA.
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (GDPR: no. 2016-679).
7.1 Responsible for the collection of personal data
For the Personal Data collected as part of the creation of the User’s personal account and his navigation on the Site, the controller of the processing of Personal Data is: LES VINS AUJOUX. www.momentdeplaisir.frest represented by Bruno Mallet, his legal representative.
As the controller of the data that it collects, www.momentdeplaisir.fr is committed to respect the framework of legal regulations into effect.
It is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, a complete information on the processing of their personal data and maintain a register of processing in accordance with reality.
Whenever www.momentdeplaisir.fr processes Personal Data, www.momentdeplaisir.fr takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which www.momentdeplaisir.fr treats them.
7.2 Purpose of the data collected
www.momentdeplaisir.fr may process all or part of the data:
to allow navigation on the Site and the management and traceability of services and services ordered by the user: login data and use of the Site, billing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer hardware used for navigation, IP address, password (hashed)
to improve navigation on the website: login and usage data
to conduct optional satisfaction surveys on www.momentdeplaisir.fr : email address
to conduct communication campaigns (sms, email): phone number, email address
www.momentdeplaisir.fr does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 right to access, rectify and oppose
According with current European regulations, Users of www.momentdeplaisir.fr have the following rights:
right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users’ data
right to lock or erase Users’ data (Article 17 GDPR), where they are inaccurate, incomplete, ambiguous, outdated, or in case the collection, use, communication or retention of which is prohibited
right to withdraw consent at any time (Article 13-2c GDPR)
right to limit 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 are subject to automatic processing based on their consent or a contract (Article 20 GDPR)
right to identify the fate of Users’ data after their death and to choose to whom www.momentdeplaisir.fr will have to communicate (or not) his data to a third party they have previously designated.
As soon as www.momentdeplaisir.fr be aware of the death of a User and without instructions from him, www.momentdeplaisir.fr undertakes to destroy his data, unless their retention is necessary for probationary purposes or to meet a legal obligation.
If the User wishes to know how www.momentdeplaisir.fr uses his/her Personal Data, request to rectify them or object to their processing, the User may contact www.momentdeplaisir.fr in writing at the following address:
LES VINS AUJOUX – DPO, Moment of Pleasure
La Bâtie 71 570 The Guinchay Chapel.
In this case, the User must indicate the Personal Data that he would like www.momentdeplaisir.fr 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 to www.momentdeplaisir.fr by law, in particular to storage or archiving documents.
Finally, Users of www.momentdeplaisir.fr can file a complaint to the supervisory authorities, including the CNIL (https://www.cnil.fr/en/plaintes).
The website www.momentdeplaisir.fr is declared to the C.N.I.L. (Commission Nationale de l’Informatique et des Libertés) under the number 2186138.
7.4 Failure to communicate personal data
www.momentdeplaisir.fr is prohibited from processing, hosting or transferring the Information collected on them Customers, to a country located outside the European Union or recognized as «inadequate» by the European Commission without informing the customer previously.
However, www.momentdeplaisir.fr remains free to choose his technical and commercial sub-contractors, on the condition that they provide sufficient guarantees of the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
www.momentdeplaisir.fr undertakes to take all precautions necessary in order to protect the security of the informations, and in particular not communicate them to unauthorized persons.
However, if an incident affecting the integrity or confidentiality of the Customer’s Information, is brought to the attention of www.momentdeplaisir.fr, this one must promptly inform the Customer and communicate the corrective action taken.
Also www.momentdeplaisir.fr does not collect any «sensitive data».
The User’s Personal Data may be processed by affiliates of www.momentdeplaisir.fr and sub-contractors (service providers), exclusively attaining the aims of this policy.
Within the limits of their respective attributions and for the purposes recalled above, the main persons that could access to the data of the Users of www.momentdeplaisir.fr are mainly the agents of our customer service.
8. Incident notification
No matter how hard you try, no Internet transmission methods or electronic storages methods is completely secure. Therefore, we cannot guarantee absolute security.
If we become aware of security breach, we would notify the affected users so that they can take appropriate action.
Our incident notification process reflect legal obligations, at national or European level. We are engaged to inform our clients to all questions relating to the security of their account and to providing them all necessary informations, to help them to respect they own regulatory reporting obligations.
No personal information of the user of the site www.momentdeplaisir.fr is published without the user’s knowledge, exchanged, transferred, or sold on any medium to third parties.
Only the assumption of redemption of www.momentdeplaisir.fr and his rights would allow the transmission of this information to the possible buyer who would be in turn held by the same obligation of retention and modification of the data against the user of the website www.momentdeplaisir.fr.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, www.momentdeplaisir.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.
When processing Personal Data, www.momentdeplaisir.fr takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links «cookies» and tags («tags») internet
The site www.momentdeplaisir.frcontains hyperlinks to other sites, set up with the permission of www.momentdeplaisir.fr. However, www.momentdeplaisir.fr does not have the possibility to check the content of the visited sites, and will therefore assume no responsibility for this fact.
Unless you decide to turn off cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge from the deactivation possibilities that are offered and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
9.1. « COOKIES »
See our section on cookies
Article 9.2. INTERNET TAGS
www.momentdeplaisir.fr may occasionally use Internet tags or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a partner specialised in web analytics, that may be located (and so storage the corresponding information, including the User’s IP address) in other countries.
These tags are both positioned in online advertisements permitting Users to access on the website, and on the different pages of it.
This technology allows www.momentdeplaisir.fr to evaluate all visitor answers on the website and the effeciency of their actions (for example : the number of times a page is opened and the information viewed), as well as how the website is using by the Users.
The external provider may collect informations about visitors to the Site and other websites through these tags, to form reports of the activity of the Site for the attention of www.momentdeplaisir.fr, and provide other services related to the use of it and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the site www.momentdeplaisir.fr is subject to French law.
Outside of cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Lyon.