Definitions
Client: any professional or natural person who is legally capable within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Website subject to these general terms and conditions.
Services: https://www.1493-lodge-st-barts.com/ provides the following to Clients:
Content: All the elements constituting the information present on the Website, including texts, images, and videos.
Client Information: Hereinafter referred to as “Information(s),” which corresponds to all personal data that may be held by https://www.1493-lodge-st-barts.com/ for the management of your account, customer relationship management, and for analysis and statistical purposes.
User: An Internet user connecting to and using the aforementioned site.
Personal Information: “Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of January 6, 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. Website presentation.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://www.1493-lodge-st-barts.com/ are informed of the identity of the various stakeholders involved in its creation and monitoring:
Owner: SAS FAMILY LODGES ST BARTH — Share capital: €1,000 — VAT Number: FR55833729338 — LIEU-DIT COLOMBIER, BUNGALOW 1, RES ANGE FABRICE, 97133 SAINT-BARTHELEMY
Publication Manager: FAMILY LODGES ST BARTH — 1493lodgesbh@gmail.com
The publication manager may be a natural or legal person.
Webmaster: Monweblocal — contact@monweblocal.fr
Host: o2switch — 222 Boulevard Gustave Flaubert, 63000 CLERMONT-FERRAND — 0444446040
Data Protection Officer: Ange Fabrice, Baille Isabelle — 1493lodgesbh@gmail.com
2. General terms of use of the site and services provided.
The Website 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, transfer, or exploit for their own benefit any or all of the elements or works of the Website.
The use of the website https://www.1493-lodge-st-barts.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; users of the website are therefore invited to consult them regularly.
This website is normally accessible to users at any time. An interruption for technical maintenance may, however, be decided by https://www.1493-lodge-st-barts.com/, which will then endeavor to inform users in advance of the dates and times of the intervention.
The website is updated regularly by the party responsible at https://www.1493-lodge-st-barts.com/. Likewise, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to be aware of them.
3. Description of services provided.
The purpose of the website https://www.1493-lodge-st-barts.com/ is to provide information concerning all of the company’s activities.
https://www.1493-lodge-st-barts.com/ endeavors to provide information on the website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in updating, whether they are its fault or the fault of third-party partners who provide this information.
All information indicated on the website is provided for guidance only and is subject to change. Furthermore, the information appearing on the website is not exhaustive. It is given subject to modifications having been made since it was put online.
4. Contractual limitations on technical data.
The Website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses, and with an up-to-date, latest-generation browser.
The website https://www.1493-lodge-st-barts.com/ is hosted by a provider located 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 ensuring the best possible accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt hosting services for the shortest possible periods, in particular for maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.
Neither https://www.1493-lodge-st-barts.com/ nor the host can be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://www.1493-lodge-st-barts.com/ owns 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, or adaptation of all or part of the elements of the site, by whatever means or process, is prohibited unless prior written authorization has been obtained from https://www.1493-lodge-st-barts.com/.
Any unauthorized use of the site or of any of the elements it contains will be considered as constituting counterfeiting and will be 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.1493-lodge-st-barts.com/ acts as the publisher of the site and is responsible for the quality and accuracy of the Content it publishes.
https://www.1493-lodge-st-barts.com/ cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the website, 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 incompatibility.
https://www.1493-lodge-st-barts.com/ also cannot be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website.
Interactive spaces (the ability to ask questions in the contact area) are available to users. https://www.1493-lodge-st-barts.com/ reserves the right to delete, without prior notice, any content posted in this space that would contravene applicable French legislation, in particular the provisions relating to data protection. Where applicable, https://www.1493-lodge-st-barts.com/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the case of racist, offensive, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communications, the Law of June 21, 2014 on confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as 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 on the Website, the controller of the Personal Data is: FAMILY LODGES ST BARTH. https://www.1493-lodge-st-barts.com/ is represented by Ange Fabrice, Baille Isabelle, its legal representative.
As the controller of the data it collects, https://www.1493-lodge-st-barts.com/ undertakes to comply with the legal framework in force. In particular, it is the Client’s responsibility to determine the purposes of their data processing, to provide their prospects and clients, based on the collection of their consent, with complete information about the processing of their personal data, and to maintain a processing register that reflects reality.
Whenever https://www.1493-lodge-st-barts.com/ processes Personal Data, it takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.1493-lodge-st-barts.com/ processes it.
7.2 Purpose of the data collected
https://www.1493-lodge-st-barts.com/ may process all or part of the data:
- to enable browsing on the Site and the management and traceability of services ordered by the user: connection and use data, invoicing, order history, etc.;
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed);
- to improve browsing on the Site: connection and usage data;
- to conduct optional satisfaction surveys on https://www.1493-lodge-st-barts.com/: email address;
- to conduct communication campaigns (SMS, email): phone number, email address.
https://www.1493-lodge-st-barts.com/ does not sell your personal data; they are therefore used only as necessary or for statistical and analytical purposes.
7.3 Rights of access, rectification, and objection
In accordance with current European regulations, Users of https://www.1493-lodge-st-barts.com/ have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completeness of Users’ data; right to block or erase Users’ personal data (Article 17 GDPR), when it is inaccurate, incomplete, equivocal, outdated, or when its collection, use, communication, or storage is prohibited;
- right to withdraw consent at any time (Article 13-2(c) GDPR);
- right to restriction of processing (Article 18 GDPR);
- right to object to processing (Article 21 GDPR);
- right to data portability for data that Users have provided, when such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR);
- right to define the fate of Users’ data after their death and to choose to whom https://www.1493-lodge-st-barts.com/ should (or should not) communicate their data to a third party previously designated by them.
As soon as https://www.1493-lodge-st-barts.com/ becomes aware of a User’s death, and in the absence of instructions from them, https://www.1493-lodge-st-barts.com/ undertakes to destroy their data, unless retention is necessary for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how https://www.1493-lodge-st-barts.com/ uses their Personal Data, request rectification, or object to its processing, the User may contact https://www.1493-lodge-st-barts.com/ in writing at the following address:
FAMILY LODGES ST BARTH – DPO, Ange Fabrice, Baille Isabelle
LIEU-DIT COLOMBIER, BUNGALOW 1, RES ANGE FABRICE, 97133 SAINT-BARTHELEMY.
In this case, the User must indicate the Personal Data that they would like https://www.1493-lodge-st-barts.com/ to correct, update, or delete, precisely identifying themselves with a copy of an identity document (ID card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.1493-lodge-st-barts.com/ by law, particularly regarding the retention or archiving of documents. Finally, Users of https://www.1493-lodge-st-barts.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
https://www.1493-lodge-st-barts.com/ undertakes not to process, host, or transfer the Information collected on its Clients to a country located outside the European Union or recognized as “not adequate” by the European Commission without first informing the client. However, https://www.1493-lodge-st-barts.com/ remains free to choose its technical and commercial subcontractors, provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.1493-lodge-st-barts.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 unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information comes to the attention of https://www.1493-lodge-st-barts.com/, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://www.1493-lodge-st-barts.com/ does not collect any “sensitive data.”
The User’s Personal Data may be processed by subsidiaries of https://www.1493-lodge-st-barts.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 mentioned above, the main persons likely to have access to the data of Users of https://www.1493-lodge-st-barts.com/ are primarily our customer service agents.
8. Incident notification
Despite all 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 become aware of a security breach, we will notify the users concerned so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the website https://www.1493-lodge-st-barts.com/ is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only in the event of the purchase of https://www.1493-lodge-st-barts.com/ and its rights would the transmission of said information be permitted to the potential purchaser, who would in turn be bound by the same obligation to retain and modify data with regard to the user of the website.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.1493-lodge-st-barts.com/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, https://www.1493-lodge-st-barts.com/ takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hyperlinks, “cookies” and internet tags
The website https://www.1493-lodge-st-barts.com/ contains a number of hyperlinks to other sites, set up with the authorization of https://www.1493-lodge-st-barts.com/. However, https://www.1493-lodge-st-barts.com/ does not have the ability to verify the content of the sites visited in this way and will consequently assume no responsibility in this regard.
Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge using the deactivation options available to you and recalled 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 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 do not in any way risk damaging the User’s terminal.
https://www.1493-lodge-st-barts.com/ may process the User’s information concerning their visit to the Site, such as the pages consulted and searches carried out. This information allows https://www.1493-lodge-st-barts.com/ to improve the content of the Site and the User’s browsing.
As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User can configure their browser to decide whether or not to accept them so that Cookies are saved in the terminal or, on the contrary, rejected, either systematically or according to their issuer. The User may also configure their browsing software so that the acceptance or refusal of Cookies is offered from time to time, before a Cookie is likely to be saved in their terminal. https://www.1493-lodge-st-barts.com/ informs the User that, in this case, some of the functionalities of their browsing software may not be available.
If the User refuses to save Cookies in their terminal or browser, or if the User deletes those that are saved, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when https://www.1493-lodge-st-barts.com/ or one of its service providers cannot recognize, 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.1493-lodge-st-barts.com/ declines all responsibility for the consequences linked to the degraded functioning of the Site and any services that may be offered by https://www.1493-lodge-st-barts.com/, resulting (i) from the User’s refusal of Cookies or (ii) from the impossibility for https://www.1493-lodge-st-barts.com/ to record or consult the Cookies necessary for their operation due to 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 modify their preferences regarding Cookies.
At any time, the User may choose to express and modify their preferences regarding Cookies. https://www.1493-lodge-st-barts.com/ 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 social media icons for Twitter, Facebook, LinkedIn, and Google Plus appearing on the Site of https://www.1493-lodge-st-barts.com/ or in its mobile application, and if the User has accepted the deposit of cookies by continuing to browse the Website or the mobile application of https://www.1493-lodge-st-barts.com/, Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies will only be placed on your terminals if you consent by continuing your browsing on the Website or mobile application of https://www.1493-lodge-st-barts.com/. The User may withdraw their consent at any time to allow https://www.1493-lodge-st-barts.com/ to place this type of cookies.
9.2. INTERNET TAGS
https://www.1493-lodge-st-barts.com/ may occasionally employ internet tags (also called “tags,” action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-by-one GIFs) and deploy them via 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 online advertisements enabling Internet users to access the Site and on the various pages of the Site.
This technology allows https://www.1493-lodge-st-barts.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 the Site.
The external provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for https://www.1493-lodge-st-barts.com/, and provide other services relating to the use of the Site and the Internet.
10. Governing law and jurisdiction.
Any dispute related to the use of the website https://www.1493-lodge-st-barts.com/ is subject to French law.
Except where the law does not permit it, exclusive jurisdiction is granted to the competent courts of St Barth.
