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Last updated on 28/09/2023
- CONTENTS -
INTRODUCTION
ARTICLE 1. PARTIES
ARTICLE 2. DEFINITIONS
ARTICLE 3. SCOPE
ARTICLE 4. PERSONAL DATA
4.1 The controller
4.2 The data protection officer
4.3 Data collection
4.4 Your rights
4.5 Transfer of collected data
ARTICLE 5. TRACER/COOKIES POLICY
5.1 Tracer/cookies use
5.2 Purpose of tracers
5.3 Tracers used
5.4 Configuring your cookies preferences
5.5 Maximum tracer retention period
5.6 Disputing tracer use
ARTICLE 6. INTELLECTUAL PROPERTY
6.1 Legal protection of Website content
6.2 Contractual protection of Website content
ARTICLE 7. FINAL PROVISIONS
7.1 Amendments
7.2 Entirety
7.3 Non-waiver
7.4 Languages
7.5 Unfair terms
ARTICLE 8. DISPUTES
8.1 Applicable law
8.2 Mediation
INTRODUCTION
This privacy policy informs you about how E.U.R.L. DOMAINE DES MESSIRES uses and protects the information you may send to us while using this Website, which can be accessed via the following URL: https://www.domainedesmessires.com/.
Please note that this privacy policy may be amended or added to at any time by E.U.R.L. DOMAINE DES MESSIRES, namely in order to comply with all legal and technological changes. If this occurs, the date of update will clearly be identified at the top of this policy. These amendments bind users as soon as they are published online. Therefore, users should regularly read this privacy policy to be aware of any amendments.
ARTICLE 1. PARTIES
This privacy policy applies between E.U.R.L. DOMAINE DES MESSIRES, hereinafter the "Publisher", and any person connecting to the Website, hereinafter the "User".
ARTICLE 2. DEFINITIONS
"Website Content": elements of any type that are published on the Website, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases and software.
"User": any person connecting to the Website.
"Website": the internet website accessible at the URL https://www.domainedesmessires.com/, as well as any sub-websites, mirror websites, portals or related URL variations.
ARTICLE 3. SCOPE
This privacy policy applies to all Users. By connecting to and/or browsing the Website, you are deemed to have fully and unconditionally agreed to this privacy policy. Furthermore, by clicking "OK, accept all" on the cookies information banner displayed on the Website, you confirm your agreement. Similarly, you confirm you have read it and unreservedly agree to the cookies.
Users acknowledge the evidential value of the Publisher's automatic recording systems, unless proof to the contrary can be produced.
By agreeing to this privacy policy, it is presumed that Users have the full legal powers required to do so or that they are at least sixteen (16) years old or, failing this, that they have the authorisation of their legal guardian if they are a Legally Incapacitated Individual, the authorisation of their legal representative if they are under sixteen (16) years old, or hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PERSONAL DATA
In general, you can visit the Website without deliberately communicating any of your personal information Under no circumstances will you be bound to deliberately provide that information to the Publisher.
However, should you not provide it, you may not be able to access the information and services you have requested. The Publisher may in some situations ask for your full name, email address, telephone number, company and job title. By providing this information, you expressly agree that it can be processed by E.U.R.L. DOMAINE DES MESSIRES for the purposes stated in this document and the purposes listed at the bottom of each form.
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on 14 April 2016 and current French legislation, the Publisher hereby provides you with the following information:
4.1 The controller
The controller for the data processed on the Website is E.U.R.L. DOMAINE DES MESSIRES.
4.2 The data protection officer
The data protection officer is E.U.R.L. DOMAINE DES MESSIRES.
4.3 Data collection by the Publisher
4.3.1 Collected data
4.3.1.1 Data collected while browsing
While browsing the Website, you agree that the Publisher can collect information relating to: your use of the Website, the content you view and click on, your demographic data, the device and operating system you use, your tracers, web beacons, web storage and unique advertising identifiers, your connection data (times, pages viewed, IP address, etc.), and/or the website pages visited before or after using the Website.
4.3.1.2 Data collected when using a contact form or sending an email
When Users submit a contact form, this implies that the Publisher will collect your following personal data: full name, email address, and information deliberately provided by you for your request to be processed.
Users who do not want to provide the information required when using the contact form cannot send a message to the Publisher directly through the Website.
4.3.1.3 Data collected for sending newsletters
As part of sending its newsletter, the Publisher may collect and process your email address.
4.3.2 Purpose of personal data collection
The data collected while you browse is automatically processed for the purpose of:
- Instituting legal proceedings
- Checking Users' identities
- Providing and improving Website security
- Developing, running, improving, supplying and managing the Website
- Sending information and contacting Users, including by email, telephone and push notifications
- Sharing Website content with other people or informing them of the content being viewed or of opinions, via the social network sharing buttons
- Contextualising and improving the User experience
- Targeting advertising content
- Preventing any illicit or illegal activities
- Ensuring compliance with the Website terms of use
Data collected when you use the contact form or send an email are automatically processed for the purpose of:
- Performing contractual obligations
- Instituting legal proceedings
- Checking Users' identities
- Sending information and contacting Users, including by email, telephone and push notifications
- Targeting advertising content
- Preventing any illicit or illegal activities
- Ensuring compliance with the Website terms of use
Data collected for sending newsletters are automatically processed for the purpose of:
- Sending news updates
4.3.3 Legal basis for processing
The data collected when you browse have a legal basis in the Publisher's legitimate interest, being to analyse behaviours on the Website, ensure the Website's security and improve the Website's features.
Data collected when you use a contact form or send an email have a legal basis in the Publisher's legitimate interest, being to process your request.
The data collected for sending a newsletter have a legal basis in the consent given by the data subjects.
4.3.4 Data recipients
The data collected are only viewable by the Publisher and are never be made visible to a third party individual.
4.3.5 Period of personal data retention
The personal data collected when you browse are retained for the reasonable period of time required for the Website's proper administration, and a maximum of twelve (12) months.
The personal data collected when you use the contact form are retained for the contractual relationship period and up to twelve (12) months after completion of the assignment performed for the User's benefit.
After that time, the Publisher will permanently delete the data of the persons in question.
4.3.6 Personal data security and confidentiality
Personal data is stored in secure conditions, according to current technical means, in accordance with the provisions of the General Data Protection Regulation and current French legislation.
4.4 Your rights
You have the rights over your personal data as listed below. You may exercise those rights by writing to us at our postal address, Rue Des Messires 88240 HERPELMONT, or by completing our online contact form.
4.4.1 Right to data provision, access and information
You have the right to access the personal data held about you.
Due to the Publisher's duty to ensure the security and confidentiality of the personal data being processed, your request will only be processed if you can provide proof of your identity, namely a scan of your valid identity document (when submitting a request via our dedicated electronic form) or a signed photocopy of your valid identity document (when sending a written request), both with the endorsement: "I hereby certify that this is a true copy of the original identity document. Signed at (town/city) on (full date)" followed by your signature.
To help you submit your request, you can find a letter template created by CNIL (the French National Commission for Information Technology and Civil Liberties) here.
4.4.2 Right to correct and delete data and the right to be forgotten
You have the right to request that your personal data be corrected, updated, locked or deleted when they are inaccurate, incorrect, incomplete or out of date.
You also have the right to stipulate directives relating to the fate of your personal data in the event of your death. Where appropriate, the heirs of a deceased person may demand that the death of their close relation be taken into consideration and/or that the necessary updates be made.
To help you submit your request, you can find a letter template created by CNIL here.
4.4.3 Right to dispute data processing
You have the right to dispute the processing of your personal data.
To help you submit your request, you can find a letter template created by CNIL here.
4.4.4 Right to data portability
You have the right to receive the personal data that you have provided to us in a transferable, open, readable format.
4.4.5 Right to restrict processing
You have the right to request that the processing of your personal data by the Publisher be restricted. This means that your data cannot be retained and can no longer be used by the Publisher.
4.4.6 Response time
The Publisher will respond to your request to access, correct or dispute, and to all other requests for more information, within a reasonable timeframe which will not exceed one (1) month from the date your request is received.
4.4.7 Lodging a complaint with the relevant authority
If you believe that the Publisher is not upholding its obligations in terms of your personal data, you can lodge a complaint or request with the relevant authority. In France, the relevant authority is CNIL (the French National Commission for Information Technology and Civil Liberties). You can contact it here.
4.5 Transfer of collected data
4.5.1 Transfer to partners
The Publisher hereby informs you that we use accredited service providers to collect and process the data you provide to us. These service providers may be located outside the European Union and the data collected on the Website are communicated to them.
The Publisher has ensured its service providers have implemented sufficient safeguards and comply with strict conditions in terms of data confidentiality, use and protection, such as through the US Privacy Shield framework.
Users agree that the collected data may be sent by the Publisher to its partners and processed by those partners within the scope of providing third party services, namely:
| Partner | Status | Recipient country | Processing performed | Privacy policy |
|---|---|---|---|---|
| Google Analytics | Subcontractor | USA (Privacy Shield) | Compiling commercial statistics in order to generate reports on User interactions. | https://policies.google.com/ |
| Google Maps | Subcontractor | USA (Privacy Shield) | Geolocation and interactive map service. | https://policies.google.com/ |
| Youtube | Subcontractor | USA (Privacy Shield) | Streamed video sharing service. | https://policies.google.com/ |
4.5.2 Transfer due to court ruling or requisition
Users also agree that the Publisher can communicate collected data to anyone when it is requisitioned by a government authority or ordered by court ruling.
4.5.3 Transfer due to merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation, bankruptcy or all or part of its business being bought out by another company, Users give their consent for the collected data to be sent by the Publisher to that company and for that company to carry out the personal data processes listed in this privacy policy in place of the Publisher.
ARTICLE 5. TRACER/COOKIES POLICY
When you first access the Publisher's Website, a notification banner appears at the top or bottom of your screen to inform you that information about your browsing may be recorded in cookies files. Our cookies use policy helps you better understand the provisions we implement regarding your browsing of our Website. It namely informs you of all the cookies on our Website and their purpose, and gives you instructions on how to configure them.
5.1 Tracer/cookies use
The Publisher, as the publisher of this Website, may store a cookie or other tracer on your terminal's hard drive (computer, tablet, mobile, etc.) in order to ensure you enjoy optimised, smooth browsing of our Website.
Cookies (connection records) are small text files of limited size that enable us to recognise your computer, tablet or mobile in order to customise the services we offer.
To help you better understand the information identified on cookies, below is a table listing the different types of cookies that may be used on the Publisher's Website along with their name, purpose and retention period.
5.2 Purpose of tracers
The Publisher uses the information stored on its tracers and cookies to analyse the Website's traffic and use and, where appropriate, facilitate and improve the browsing experience, perform canvassing operations, generate commercial statistics and display targeted advertising.
5.3 Tracers used
Partner |
Processing purpose |
Partner's policy |
|---|---|---|
| Google Analytics | Compiling commercial statistics. | https://policies.google.com/ |
| Google Maps | Geolocation and interactive map service. | https://policies.google.com/ |
| Youtube | Streamed video sharing service. | https://policies.google.com/ |
5.4 Configuring your cookies preferences
When you first access the Publisher's Website, a notification banner presenting an information summary about the storage of cookies and similar technologies appears at the top or bottom of your screen. This banner notifies you that by continuing to browse the Publisher's Website (by scrolling, clicking on the Website's various elements or loading a new page for instance), you agree to cookies being stored on your terminal. You are also deemed to have given your agreement to cookies being stored by clicking on the "OK, accept all" icon to the right of the banner displayed at the top or bottom of your screen.
5.4.1 Cookies exempted from consent
In accordance with the recommendations of CNIL (the French National Commission for Information Technology and Civil Liberties), some cookies are exempt from requiring your prior consent insomuch as they are strictly necessary for the website to operate or are for the exclusive purpose of enabling or facilitating electronic communications. This particularly involves session identification, authentication and load balancing session cookies as well as customisation cookies for your interface. These cookies are all subject to this policy insomuch as they are issued and managed by the Publisher.
5.4.2 Cookies requiring your prior consent
This requirement concerns cookies issued by third parties and which are classified as "persistent" insomuch as they remain on your terminal until they are deleted or expire.
As these cookies are issued by third parties, their use and storage are subject to those parties' own privacy policies. This family of cookies includes audience measurement, advertising and social network sharing cookies.
Audience measurement cookies establish statistics about traffic and the use of various website elements (such as the content/pages you visited). These data help improve the user-friendliness of the Publisher's Website.
5.5 Maximum tracer retention period
Tracers are intended to be stored on the User's terminal for a period of up to thirteen (13) months. These data are stored in secure conditions, according to current technical means, in accordance with the provisions of the General Data Protection Regulation and current French legislation.
5.6 Disputing tracer use
5.6.1 Right to dispute tracer use
You can accept or block cookies at any time.
Users may delete or deactivate tracer use whenever they wish by modifying their browser settings or using the configuration interface offered by the Website, which is available when Users first visit and displayed at the top or bottom of the home page, by clicking on the "Customise" icon to the right of the banner. The Website can be viewed without tracers. However, some ancillary features of the Website may not function if Users deactivate tracer use, such as browser indicators, interactive maps and streamed video viewing.
5.6.2 Settings
For more detailed information on tools to manage cookies, visit the dedicated page on CNIL's website here.
5.6.2.1 Browser settings
Every internet browser has its own cookie management settings. Users can configure their browser to block cookies either systematically or by issuer. Users can also configure their browser to accept or block cookies that are proposed occasionally, before the cookie is stored on their terminal.
Every browser's cookie management and User choice settings are different. The browser's help menu describes how to configure settings so Users can understand how to modify their cookie preferences:
5.6.2.2 Configuring settings using add-on modules
Users can also configure their personal data collection settings by installing add-on modules.
For more detailed information on tools to manage cookies, visit the dedicated page on CNIL's website here.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1 Legal protection of Website content
The Website content is likely to be protected by copyright and database rights. Any depiction, copying, translation, adaptation or conversion, in full or in part, performed illegally and without consent from the Publisher or its assignees and beneficiaries constitutes a breach of Books I and III of the French Intellectual Property Code and may give rise to legal prosecution for counterfeiting.
6.2 Contractual protection of Website content
Users make a contractual commitment to the Publisher not to use, copy or depict, in whatsoever manner, the Website content, regardless of whether it is protected by intellectual property or not, for any purpose other than its viewing by a crawler or browser. This prohibition does not apply to web crawlers whose sole task is to scan Website content for indexing purposes.
ARTICLE 7. FINAL PROVISIONS
7.1 Amendments
This privacy policy may be amended at any time by the Publisher. The terms that apply to Users are those in force when they access the Website, with each new visit to the Website constituting agreement with the new conditions, where appropriate.
7.2 Entirety
The invalidity of any clause in this policy does not result in the invalidity of the policy's other clauses or the policy in its entirety, which maintain their full force and scope. In this situation, the parties must replace the void clause with a valid clause that matches the spirit and purpose of this policy, insofar as that is possible.
7.3 Non-waiver
Should the Publisher not exercise the rights given to it under this policy, this cannot in any way be construed as a waiver of those rights.
7.4 Languages
This policy is prepared in French.
7.5 Unfair terms
The provisions of this policy apply subject to compliance with the mandatory provisions of the French Consumer Code regarding unfair terms in contracts concluded between a professional and a consumer.
ARTICLE 8. DISPUTES
8.1 Applicable law
This privacy policy is subject to French law and European regulations, including the General Data Protection Regulation.
8.2 Mediation
All disputes about or in relation to this policy will be decided by mediation in accordance with the FastArbitre regulation of the IDAM (Digital Institute for Mediation).
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