Legal notice

DEFINITIONS

Customer: any professional or any natural person with legal capacity within the meaning of articles 1123 et seq. of the French Civil Code, or any legal entity, visiting the Site that is the subject of these general terms.

Services: made available to Customers by Dumaine Clément.

Content: All the elements making up the information on the Site, in particular texts, images, videos.

Customer information: hereinafter referred to as “Information”, meaning all the personal data that Dumaine Clément may hold for managing your account, managing the customer relationship and for analysis and statistical purposes.

User: Internet user connecting to and using the above-mentioned site.

Personal information: “Information which, in any form whatsoever, directly or indirectly, allows the identification of the natural persons to whom it applies” (article 4 of French law 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

Under article 6 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website maisonalmea.com are informed of the identity of the various parties involved in its creation and maintenance:

Owner: Maison Alméa, published by Dumaine Clément, 47 rue Vivienne, 75002 Paris. SIRET number: 104 847 645 00017
Publication manager: Clément Dumaine info.maisonalmea@gmail.com. The publication manager is a natural person.
Webmaster: Clément Dumaine info.maisonalmea@gmail.com
Data protection officer: Clément Dumaine info.maisonalmea@gmail.com
Host: Shopify Inc. Address: 151 O'Connor Street Ground Floor, Ottawa, Ontario, K2P 2L8, Canada. Phone: 1-888-746-7439

2. GENERAL TERMS OF USE OF THE SITE AND THE SERVICES OFFERED

The Site is an intellectual work protected by the provisions of the French Intellectual Property Code and the applicable international regulations. The Customer may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.

Use of the website maisonalmea.com implies full acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time, so users of the website maisonalmea.com are invited to consult them regularly.

This website is normally accessible to users at all times. However, Dumaine Clément may decide to interrupt it for technical maintenance and will then endeavour to inform users in advance of the dates and times of the work. The website maisonalmea.com is regularly updated by Dumaine Clément, who is responsible for it. Likewise, the legal notice may be amended at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible in order to read it.

3. DESCRIPTION OF THE SERVICES PROVIDED

The purpose of the website maisonalmea.com is to provide information about all of the business's activities. Dumaine Clément endeavours to provide information on the website maisonalmea.com that is as accurate as possible. However, he cannot be held responsible for omissions, inaccuracies or failures to update, whether caused by him or by the third-party partners who provide him with this information.

All the information given on the website maisonalmea.com is for guidance only and is subject to change. Furthermore, the information on the website maisonalmea.com is not exhaustive. It is given subject to any changes made since it was put online.

4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The site uses JavaScript technology. The website cannot be held responsible for material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment that does not contain viruses and with an up-to-date, latest-generation browser. The website maisonalmea.com is hosted by a 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 best possible availability. The host ensures 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, to improve its infrastructure, in the event of failure of its infrastructure or if the Services generate traffic deemed abnormal.

Dumaine Clément and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment, in particular due to network congestion preventing access to the server.

5. INTELLECTUAL PROPERTY AND INFRINGEMENT

Dumaine Clément holds the rights of use to all the 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 site, whatever the means or process used, is prohibited without the prior written authorisation of Dumaine Clément.

Any unauthorised use of the site or of any of the elements it contains will be considered 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

Dumaine Clément acts as publisher of the site. Dumaine Clément is responsible for the quality and accuracy of the content he publishes.

Dumaine Clément cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the website maisonalmea.com, 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.

Nor can Dumaine Clément be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from the use of the website maisonalmea.com. Interactive areas (the possibility of asking questions in the contact area) are available to users. Dumaine Clément reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Dumaine Clément also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of racist, abusive, defamatory or pornographic messages, whatever the medium used (text, photograph …).

7. MANAGEMENT OF PERSONAL DATA

The Customer is informed of the regulations concerning marketing communications, the French law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act (Loi Informatique et Liberté) of 6 August 2004 and the General Data Protection Regulation (GDPR: no. 2016/679).

7.1 Persons responsible for collecting personal data

For Personal Data collected when the User creates a personal account and browses the Site, the controller of the Personal Data is: Dumaine Clément. Maison Alméa is represented by Dumaine Clément, its legal representative.

As controller of the data he collects, Dumaine Clément undertakes to comply with the legal provisions in force. In particular, it is the Customer's responsibility to establish the purposes of their data processing, to provide their prospects and customers, from the time their consent is collected, with complete information on the processing of their personal data and to keep a record of processing activities that reflects reality. Whenever Dumaine Clément processes Personal Data, Dumaine Clément takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Dumaine Clément processes it.

7.2 Purpose of the data collected

Dumaine Clément may process all or part of the data:

  • to enable browsing on the Site and the management and traceability of the services ordered by the user: Site connection and usage data, invoicing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking …): computer equipment used for browsing, IP address, password (hashed)
  • to improve browsing on the Site: connection and usage data
  • to carry out optional satisfaction surveys on maisonalmea.com: email address
  • to carry out communication campaigns (text message, email): phone number, email address

Dumaine Clément does not sell your personal data, which is therefore only used when necessary or for statistical and analysis purposes.

7.3 Right of access, rectification and objection

In accordance with the European regulations in force, Users of maisonalmea.com have the following rights:

right of access (article 15 GDPR) and rectification (article 16 GDPR), updating and completion of Users' data, right to block or erase Users' personal data (article 17 GDPR) when it is inaccurate, incomplete, ambiguous or out of date, or when its 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 provided by Users, where this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
  • right to decide what happens to Users' data after their death and to choose to which previously designated third party Dumaine Clément must (or must not) communicate their data

As soon as Dumaine Clément becomes aware of the death of a User and in the absence of instructions from them, Dumaine Clément undertakes to destroy their data, unless its retention is necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how Dumaine Clément uses their Personal Data, to ask for it to be rectified or to object to its processing, the User may contact maisonalmea.com in writing at the following address:

Clément Dumaine
47 rue Vivienne, 75002 Paris

In this case, the User must indicate the Personal Data they would like maisonalmea.com to correct, update or delete, identifying themselves 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 Dumaine Clément by law, in particular with regard to the retention or archiving of documents. Finally, Users of maisonalmea.com 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

Dumaine Clément undertakes not to process, host or transfer the Information collected about its Customers to a country outside the European Union or recognised as “not adequate” by the European Commission without first informing the customer. However, Dumaine Clément remains free to choose its technical and commercial processors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016/679).

Dumaine Clément undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if Dumaine Clément becomes aware of an incident affecting the integrity or confidentiality of the Customer's Information, it must inform the Customer as soon as possible and tell them what corrective measures have been taken. Furthermore, Dumaine Clément does not collect any “sensitive data”.

The User's Personal Data may be processed by subsidiaries of Dumaine Clément and by processors (service providers), solely for the purposes of this policy.

Within the limits of their respective duties and for the purposes set out above, the main people likely to have access to the data of Users of maisonalmea.com are mainly the staff of our customer service.

8. INCIDENT NOTIFICATION

Whatever efforts are 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 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 undertake to keep our customers fully informed of all matters relating to the security of their account and to provide them with all the information they need to help them meet their own regulatory reporting obligations.

No personal information of the user of the website maisonalmea.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only in the event of the acquisition of maisonalmea.com and its rights could such information be passed on to the potential acquirer, who would in turn be bound by the same obligation to store and modify the data with regard to the user of the website maisonalmea.com.

SECURITY

To ensure the security and confidentiality of Personal Data, maisonalmea.com uses networks protected by standard devices such as a firewall, pseudonymisation, encryption and passwords.

When processing Personal Data, Dumaine Clément takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. HYPERLINKS, “COOKIES” AND INTERNET TAGS

The website maisonalmea.com contains a number of hyperlinks to other sites, set up with the permission of Dumaine Clément. However, Dumaine Clément is unable to check the content of the sites visited in this way and therefore accepts no liability in this respect.

Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time, free of charge, using the disabling options offered to you and set out below, bearing in mind that this may reduce or prevent access 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 on the User's device (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 and the date and time of access. Cookies cannot in any way damage the User's device.

Dumaine Clément may process the User's information concerning their visit to the Site, such as the pages viewed and the searches carried out. This information allows Dumaine Clément to improve the content of the Site and the User's browsing.

As Cookies make browsing and/or the provision of the services offered by the Site easier, the User can configure their browser to let them decide whether or not to accept them, so that Cookies are stored on the device or, on the contrary, rejected, either systematically or depending on who sends them. The User can also configure their browser software so that they are offered the choice to accept or refuse Cookies on a case-by-case basis, before a Cookie can be stored on their device. Dumaine Clément informs the User that, in this case, not all the functions of their browser software may be available.

If the User refuses to allow Cookies to be stored on their device or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when Dumaine Clément or one of its service providers cannot recognise, for technical compatibility purposes, 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, Dumaine Clément accepts no liability for the consequences of the impaired functioning of the Site and of any services offered by maisonalmea.com, resulting from (i) the User's refusal of Cookies or (ii) Dumaine Clément being unable to store or read the Cookies necessary for their operation because of the User's choice. For managing Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will show how the User can change their Cookie preferences.

The User may at any time choose to express and change their Cookie preferences. Dumaine Clément 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 on the maisonalmea.com Site or in its mobile app, and if the User has accepted the placing of cookies by continuing to browse the maisonalmea.com 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 if you consent to them by continuing to browse the maisonalmea.com website or mobile app. The User may nevertheless withdraw their consent to Dumaine Clément placing this type of cookie at any time.

9.2. INTERNET TAGS

Dumaine Clément may occasionally use Internet tags (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics 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 the online advertisements that allow Internet users to access the Site and on the various pages of the Site.

This technology allows Dumaine Clément to assess visitors' responses to the Site and the effectiveness of its actions (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 provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site's activity for Dumaine Clément, and provide other services relating to the use of the Site and the Internet.

10. APPLICABLE LAW AND JURISDICTION

Any dispute in connection with the use of the website maisonalmea.com is subject to French law. Except where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.