Legal Notice

Definitions

Client: Any competent natural person as defined by Articles 1123 et seq. of the French Civil Code or any legal entity that visits the Website which is the subject hereof.

Services: https://www.herbo-cailleau.com gives Clients access to:

Content: All the elements comprising the information as it appears on the website, namely including texts, images and videos.

Client information: Hereinafter referred to as the “Information”, corresponding to all the personal data which might be held by https://www.herbo-cailleau.com in order to manage your account or manage customer relations, or for analytical and statistical purposes.

User: An Internet user connecting to and using the aforementioned website.

Personal information: “Information that enables the identification, in any form whatsoever, directly or indirectly, of the natural person to which it applies” (Article 4 of French Law 78-17 of 6 January 1978). The terms “personal data”, “data subject”, “controller”, “processor” and “sensitive data” shall have the meanings as defined by the General Data Protection Regulation (GDPR No. 2016-679).

 

 

1. Presentation of the website

By virtue of Article 6 of French Law 2004-575 of 21 June 2004 regarding confidence in the digital economy, users of the website https://www.herbo-cailleau.com are hereby informed of the different participants involved in its development and operation:

Owner: SASU CAILLEAU HERBORISTERIE – Registered capital: €250,000 – VAT number: FR46313897217 – 6 rue de Strasbourg – Zone Actiparc, Pôle Ouest – 49120 Chemillé-en-Anjou

Publishing manager: Nicolas BAUDRY – +33 02 41 30 32 34 The publishing manager may be a natural person or a legal entity.

Webmaster: Nexeto – 6 rue Jacques-Yves Cousteau – 85000 La Roche sur Yon – +33 02 51 24 25 00

Host: Gandi – 63-65 Boulevard Masséna – 75013 Paris – +33 01 70 37 76 61

Data Protection Officer (DPO): Nicolas BAUDRY – +33 02 41 30 32 34

 

 

2. General terms of use of the website and the services on offer

The website is an intellectual work which is protected by the provisions of the French Intellectual Property Code and the applicable international regulations. The Client may not reuse, transfer or exploit, in any way, all or part of the elements or work on the website on the Client’s own behalf. Use of the website https://www.herbo-cailleau.com entails the full and complete acceptance of the general terms of use as set out below. Because these terms of use are subject to change or complement at any time, users of the website https://www.herbo-cailleau.com are invited to review them on a regular basis. The website is normally accessible to users at all times. https://www.herbo-cailleau.com may however decide to interrupt that access for technical maintenance purposes. In that case, the company will endeavour to communicate the dates and times of that action to its users in advance. The website https://www.herbo-cailleau.com is regularly updated by https://www.herbo-cailleau.com, which holds sole responsibility for this. Likewise, this legal notice, which applies to all users, can be modified at any time, so visitors to the website are invited to refer to it as often as possible to ensure they are familiar with it.

 

3. Description of the services provided

The purpose of the website https://www.herbo-cailleau.com is to provide information about all the company’s activities. https://www.herbo-cailleau.com endeavours to publish information on the website https://www.herbo-cailleau.com that is as accurate as possible. However, it may not be held responsible for any omissions, inaccuracies or out of date information, whether through its own doing or due to its third party partners supplying that information. All the information presented on the website https://www.herbo-cailleau.com is provided as an indication only and is subject to change. Moreover, the information appearing on the website https://www.herbo-cailleau.com is not exhaustive. It is given subject to any modifications made since its online publication.

 

4. Contractual limitations on technical data

The website uses JavaScript technology. The website may not be held responsible for any property damage relating to its use. Additionally, the website’s users agree to access the website on recent hardware that contains no viruses and using an up to date, latest generation browser. The website https://www.herbo-cailleau.com is hosted by a provider located in the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679). The goal is to provide a service which offers maximum availability. The host provides for continuity of its service on a 24/7 basis, every day of the year. It does however reserve the right to interrupt its hosting services for the shortest possible periods of time, namely to perform maintenance or upgrade or repair its infrastructure, or if the Services generate traffic levels considered to be abnormal. https://www.herbo-cailleau.com and the host shall not be held responsible in the event of a malfunctioning of the Internet, the telephone lines or the connected computer and telephone hardware, namely due to congestion on the network preventing access to the server.

 

5. Intellectual property and counterfeits

https://www.herbo-cailleau.com owns the intellectual property rights and holds a license for all the elements that are accessible on the website, namely including its texts, images, graphics, logos, videos, icons and audio. Any reproduction, broadcasting, modification, publication or adaptation, in any form and by any means whatsoever, of some or all of those elements is strictly prohibited without the prior written authorization of https://www.herbo-cailleau.com. Any unauthorized use of the website or any of the elements it contains will be considered as constituting a counterfeited copy and will be tried in accordance with the provisions set out in Articles L.335-2 et seq. of the French Intellectual Property Code.

 

6. Limitation of liability

https://www.herbo-cailleau.com acts as the website’s publisher. https://www.herbo-cailleau.com is responsible for the quality and accuracy of the Content that it publishes. https://www.herbo-cailleau.com may not be held liable for any direct or indirect damage caused to the user’s hardware while accessing the website https://www.herbo-cailleau.com and resulting from either the use of hardware that does not meet the specifications outlined in point 4 or the appearance of a bug or any incompatibility. Nor may https://www.herbo-cailleau.com be held liable for any indirect damage (such as loss of a contract or a business opportunity) consequential to use of the website https://www.herbo-cailleau.com. Interactive areas are provided to the site’s users, where they can ask questions in the contact space. https://www.herbo-cailleau.com reserves the right to delete any content posted to that space that might contravene any applicable legislation in France, particularly any data protection provisions, without giving prior notice. As applicable, https://www.herbo-cailleau.com also reserves the right to implicate a user’s civil and/or criminal liability, namely in the case of posting a racist, offensive, defamatory or pornographic message, regardless of the means used (text, photograph, etc.).

 

7. Personal data management

The Client is hereby informed of the regulations on marketing communication, the French law of 21 June 2014 regarding confidence in the digital economy, the French Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).

7.1 Data controller

For the personal data collected during the creation of the User’s account and while the User navigates the website, the controller will be Nicolas Baudry. https://www.herbo-cailleau.com is represented by Jeannine Brard, its legal representative. As the controller of the data which it collects, https://www.herbo-cailleau.com undertakes to comply the framework of legal provisions in effect. In particular, it is its responsibility to communicate the purposes of its data processing to the Client, to provide its prospects and Clients, upon collecting their consent with complete information about the processing of their personal data, and to keep a log of all processing which is true to reality. Each time https://www.herbo-cailleau.com processes any personal data, https://www.herbo-cailleau.com will take all reasonable measures to ensure the accuracy and the relevance of the personal data in view of the purposes for which https://www.herbo-cailleau.com is processing them.

7.2 Use of collected data

https://www.herbo-cailleau.com may process some or all of the collected data:

  • to enable navigation on the website and the management and traceability of the Services requested by the User: data on the User’s connection to and use of the website, billing, order history, etc.;
  • to prevent and fight computer fraud (spamming, hacking, etc.): computer hardware used to navigate the website, IP address and password (hashed);
  • to improve navigation on the website: connection and usage data;
  • to conduct optional satisfaction surveys on https://www.herbo-cailleau.com: email address;
  • to conduct communication campaigns (by text message or email): mobile number and email address.
  • https://www.herbo-cailleau.com will not sell the User’s personal data, which will only be used by necessity of for statistical and analytical purposes.

7.3 Right to access, rectify and object

Pursuant to current European regulation, Users of https://www.herbo-cailleau.com have the following rights:

    • right of access (GDPR Art. 15), right to rectification (GDPR Art. 16), right to update or complete their data, right to lock or erase their personal data (GDPR Art. 17) where they are inaccurate, incomplete, incorrect, out-of-date, or whose collection, use, communication or storage is prohibited;
    • right to withdraw consent at any time (GDPR Art. 13(2)(c));
    • right to restriction of processing of their data (GDPR Art. 18);
    • right to object to processing of their data (GDPR Art. 21);
    • right to data portability for the data provided by the User, where those data are processed automatically on the basis of the User’s consent or a contract (GDPR Art. 20);
    • right to define what is to be done with their data after their death and to choose (or not) a pre-identified third party to whom https://www.herbo-cailleau.com shall communicate the User’s data.

As soon as https://www.herbo-cailleau.com has knowledge of a User’s death, and in the absence of instructions from the latter, https://www.herbo-cailleau.com undertakes to destroy the User’s data, unless they must be stored as evidence or to satisfy a legal obligation. If a User wants to know how https://www.herbo-cailleau.com uses their personal data or wants to request to rectify them or object to their processing the User may contact https://www.herbo-cailleau.com/ by writing to the following address: CAILLEAU HERBORISTERIE – DPO, Nicolas Baudry – 6 rue de Strasbourg – Zone Actiparc, Pôle Ouest – 49120 Chemillé-en-Anjou – France. In that case the User must indicate which personal data https://www.herbo-cailleau.com is to correct, update or delete, enclosing proof of the User’s identity by means of official government identification (ID card, passport or driving license if accepted government ID). Requests to delete personal data will be subject to the obligations of https://www.herbo-cailleau.com under the law, namely as concerns document storage and archiving. Lastly, Users of https://www.herbo-cailleau.com may lodge a complaint with a supervisory authority, namely the CNIL (French Data Protection Authority (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

https://www.herbo-cailleau.com will refrain from processing, hosting or transferring the Information collected about its Clients in/to any country located outside the European Union or recognized by the European Commission as “inadequate” without notifying the data subjects in advance. Still, https://www.herbo-cailleau.com is free to choose its technical and commercial processors on condition that they offer sufficient guarantees in view of the requirements of the GDPR. https://www.herbo-cailleau.com will take every necessary precaution to protect the Information’s security and particularly to ensure it is not communicated to any unauthorized parties. That being said, if an incident affecting the integrity or the confidentiality of the Client’s Information is brought to the attention of https://www.herbo-cailleau.com, the latter must notify the Client of same as quickly as possible, indicating the corrective measures which have been taken. Further, it should be noted that https://www.herbo-cailleau.com does not collect any sensitive data. The User’s personal data may be processed by subsidiaries of https://www.herbo-cailleau.com or by processors (service providers), exclusively for the purposes outlined in this policy. Within the limits of their respective remits and for the purposes laid down above, the main people likely to have access to User data are primarily members of the https://www.herbo-cailleau.com Customer Service team.

8. Notification of incidents

No matter what efforts are made, no method of data transmission over the Internet and no electronic storage method is completely secure. Therefore, we cannot guarantee absolute security. If we should become aware of a security breach, we will notify the concerned Users so they can take appropriate measures. Our incident notification procedures take our legal obligations into account, at both the national and European levels. We will fully inform our Clients of any matters relating to their account’s security and will provide them with all the information they need to help them comply with their own regulatory obligations regarding reporting. No personal information about Users of the website https://www.herbo-cailleau.com is published unbeknownst to the User, exchanged, transferred, assigned or sold to a third party, on any media whatsoever. Only in the event that https://www.herbo-cailleau.com and its rights are bought out may the said information be transmitted to the buyer who will in turn be bound by the same obligation of storing and modifying the data of Users of the website https://www.herbo-cailleau.com.

Security

In the interest of the security and confidentiality of personal data and personal health data, https://www.herbo-cailleau.com uses networks which are protected by standard mechanisms like firewalls, pseudonymization and password encryption. During the processing of personal data, https://www.herbo-cailleau.com takes all reasonable measures to protect them against any loss, fraudulent use, unauthorized access, disclosure, alteration or destruction.

 

9. Hyperlinks, cookies and web tags

The website https://www.herbo-cailleau.com contains a number of hyperlinks pointing to other websites, set up with the permission of https://www.herbo-cailleau.com. However, https://www.herbo-cailleau.com is not in a position to verify the contents of the websites visited via those links and, as a result, assumes no responsibility for any such visits. Unless you decide to disable cookies, you accept that the website may use them. You can disable cookies at any time, at no cost to you, by means of the different options set out below, bearing in mind that doing so may reduce or prevent your access to some or all of the Services offered by the website.

9.1. Cookies

Cookies (hereinafter referred to as “Cookies”) are a small information files sent to the User’s browser and saved on the User’s device (computer, smartphone, etc.). Those files contain information like the User’s domain name, Internet service provider, operating system and the date and time the User accessed the website. There is no risk of Cookies damaging the User’s device. https://www.herbo-cailleau.com may process the User’s information in relation to their visit to the website, such as the pages viewed and searches performed. That information allows https://www.herbo-cailleau.com to improve the content of the website, as well as the User’s experience on it. While Cookies do facilitate navigation of the website and the delivery of its Services, the User may configure their browser to allow the User to decide whether or not to accept the installation of Cookies on the device or, on the contrary, reject them either systematically or depending on the issuer. The User may also configure their browser to give the User the choice to accept or reject Cookies on an individual basis, before being installed on the device. https://www.herbo-cailleau.com informs the User that, in that case, it is possible that some of the browser’s functionalities may not be available. If the User rejects Cookies on the device or in the browser, or if the User deletes any existing cookies stored there, the User is informed that their navigation and experience of the website may be limited. This could also happen if, for reasons of technical incompatibility, https://www.herbo-cailleau.com or one of its service providers is unable to recognize 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. As applicable, https://www.herbo-cailleau.com declines all responsibility for the consequences of the downgraded operation of the website and the Services offered by https://www.herbo-cailleau.com, as a result of (i) the User’s rejection of Cookies or (ii) the impossibility for https://www.herbo-cailleau.com to save or consult the Cookies required for their operation due to a choice made by the User. Configuration of the management of Cookies and User preferences differs from one browser to the next. The browser’s help menu describes those processes, indicating how the User can modify their Cookie preferences. The User may choose to define or modify their Cookie preferences at any time. https://www.herbo-cailleau.com may also make use of outside providers to help it to gather and process the information described in this section. Lastly, by clicking on the icons for the social networks Twitter, Facebook, LinkedIn and Google Plus that appear on https://www.herbo-cailleau.com or in its mobile app, and if the User has agreed to the installation of Cookies by continuing to browse the https://www.herbo-cailleau.com website or mobile app, then Twitter, Facebook, LinkedIn and Google Plus may likewise install Cookies on the User’s device (computer, tablet or mobile phone). These types of Cookies are only saved to your devices on condition that you agree to them by continuing your navigation on the https://www.herbo-cailleau.com website or mobile app. Nonetheless, the User may, at any time, withdraw consent for https://www.herbo-cailleau.com to install this type of Cookie.

Article 9.2. Web tags

https://www.herbo-cailleau.com may occasionally employ tags (also known as web tags, beacons, tracking pixels, 1x1 GIFs, clear GIFs, etc.) and deploy them through a specialized web analytics partner that may be located (and that therefore may store the corresponding information, including the User’s IP address) in a foreign country. These tags are placed both in online advertising which web users can click on the access the website and on the different pages of that site. This technology allows https://www.herbo-cailleau.com to assess visitors’ responses to the website and the effectiveness of its actions (such as the number of times a page is opened and its information is viewed), as well as the User’s usage of the site. The external provider may potentially use those tags to gather information on visitors to this website and other sites, compile reports on the website’s activities for https://www.herbo-cailleau.com and provide other services relating to the use of that website and the Internet.

 

10. Applicable law and assignment of jurisdiction

Any disputes relating to use of the website https://www.herbo-cailleau.com will be governed by French law. Save in cases where not permitted by law, jurisdiction is hereby exclusively assigned to the competent courts of Angers.