Definitions
Customer: any professional or natural person capable within the meaning of articles 1123 and seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Services: esterel-aventure.com provides Customers with:
Content: All the elements making up the information on the Site, in particular text – images – videos.
Customer Information: Hereinafter referred to as “Information (s)” which corresponds to all personal data that may be held by esterel-aventure.com for the management of your account, the management of customer relations and for analysis and statistical purposes.
User: 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 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).
- Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the esterel-aventure.com website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SAS Capital social of 5600 € , VAT number: FR60529067795 – 198 chemin des Vernedes 83480 Puget sur Argens
Publication manager: Cynthia AIME SFILIO – info@esterel-aventure.com
Webmaster: STYLEO
Host: Titan Datacenter – 1210 Chem. de la Plaine, 06250 Mougins
Data protection delegate: Cynthia AIME SFILIO – info@esterel-aventure.com
- General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.
Use of the https://www.esterel-aventure.com/ website implies full acceptance of the general conditions of use set out below. These conditions of use may be amended or supplemented at any time, and users of the https://www.esterel-aventure.com/ website are therefore advised to consult them regularly.
This website is normally accessible to users at all times. However, esterel-aventure.com may decide to interrupt the site for technical maintenance purposes, in which case it will endeavour to inform users of the dates and times of the intervention in advance. The https://www.esterel-aventure.com/ website is regularly updated by esterel-aventure.com. Similarly, the legal notices may be modified at any time: they are nonetheless binding on the user, who is invited to refer to them as often as possible in order to review them.
- Description of services provided.
The purpose of the www.esterel-aventure.com website is to provide information about all of the company’s activities. esterel-aventure.com endeavours to provide information on the esterel-aventure.com website that is as accurate as possible. However, it may not be held liable for any omissions, inaccuracies or shortcomings in updating, whether these are its fault or the fault of third-party partners who provide it with this information.
All information provided on the esterel-aventure.com website is given for information purposes only and is subject to change. Furthermore, the information provided on the esterel-aventure.com website is not exhaustive. It is given subject to modifications having been made since it was put online.
- Contractual limitations on technical data.
The website uses JavaScript technology. The website cannot be held responsible for any material damage linked to the use of the site. In addition, users of the site undertake to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser. The https://www.esterel-aventure.com/ website 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 aim is to provide a service that ensures the highest level of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the Services generate traffic deemed to be abnormal.
https://www.esterel-aventure.com/ and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.
- Intellectual property and counterfeiting.
esterel-aventure.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the 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 process used, is prohibited, except with the prior written authorization of: https://www.esterel-aventure.com/.
Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
- Limitations of liability.
https://www.esterel-aventure.com/ acts as the publisher of the site. esterel-aventure.com is responsible for the quality and accuracy of the Content it publishes.
https://www.esterel-aventure.com/ may not be held liable for any direct or indirect damage caused to the user’s equipment when accessing the esterel-aventure.com website, and 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.esterel-aventure.com/ may also not be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from use of the esterel-aventure.com website. Interactive areas (possibility to ask questions in the contact area) are available to users. https://www.esterel-aventure.com/ 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, https://www.esterel-aventure.com/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
- Management of personal data.
The Customer is informed of the regulations concerning marketing communications, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (GDPR: n° 2016-679).
7.1 Persons responsible for collecting personal data
For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the person responsible for processing Personal Data is: Cynthia AIME SFILIO. https://www.esterel-aventure.com/ is represented by Jérôme RIBOUREL, its legal representative.
As the party responsible for processing the data it collects, https://www.esterel-aventure.com/ undertakes to comply with the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the time their consent is collected, with full information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever https://www.esterel-aventure.com/ processes Personal Data, https://www.esterel-aventure.com/ takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://www.esterel-aventure.com/ processes it.
7.2 Purpose of the data collected
https://www.esterel-aventure.com/ is likely to process all or part of the data:
To enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc.
To prevent and combat computer fraud (spamming, hacking, etc.): computer hardware used for browsing, IP address, password (hashed), etc.
To improve browsing on the Site: connection and usage data
to conduct optional satisfaction surveys on esterel-aventure.com: email address
To carry out communication campaigns (sms, e-mail): telephone number, e-mail address, etc.
https://www.esterel-aventure.com/ does not sell your personal data, which is therefore only used where necessary or for statistical and analysis purposes.
7.3 Right of access, rectification, and opposition
In accordance with current European regulations, Users of https://www.esterel-aventure.com/ have the following rights:
- Right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of Users’ data Right to block or erase Users’ personal data (article 17 GDPR), where it is inaccurate, incomplete, equivocal, out of date, or the collection, use, communication or storage 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 portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (article 20 RGPD)
- Right to define the fate of Users’ data after their death and to choose to whom https://www.esterel-aventure.com/ should communicate (or not) their data to a third party that they have previously designated. As soon as esterel-aventure.com becomes aware of the death of a User and in the absence of instructions from the User, https://www.esterel-aventure.com/ undertakes to destroy the User’s data, unless it needs to be kept for evidential purposes or to comply with a legal obligation.
If the User wishes to know how esterel-aventure.com uses his or her Personal Data, to ask for them to be rectified or to object to their processing, the User may contact esterel-aventure.com in writing at the following address :
198 chemin des Vernedes 83480 Puget sur Argens
In this case, the User must indicate the Personal Data that he/she would like esterel-aventure.com to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on esterel-aventure.com by law, in particular as regards the retention or archiving of documents. Finally, Users of esterel-aventure.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://www.esterel-aventure.com/ undertakes not to process, host or transfer the Information collected on its customers to a country located outside the European Union or recognised as “non-adequate” by the European Commission without informing the Customer in advance. However, esterel-aventure.com remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
https://www.esterel-aventure.com/ undertakes to take all necessary precautions to protect the security of the Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.esterel-aventure.com/, the latter must inform the Customer as soon as possible and inform the Customer of the corrective measures taken. Furthermore, https://www.esterel-aventure.com/ does not collect any “sensitive data”.
The User’s Personal Data may be processed by https://www.esterel-aventure.com/ subsidiaries 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 set out above, the main people likely to have access to the data of https://www.esterel-aventure.com/ Users are our customer service agents.
7.5 Types of data collected
With regard to users of a Site https://www.esterel-aventure.com/, we collect the following data which is essential for the operation of the service, and which will be kept for a maximum period of 36 months after the end of the contractual relationship:
Last name, first name, postal address, email address, telephone number.
https://www.esterel-aventure.com/ also collects information to improve the user experience and provide contextualized advice:
Browsing data used to offer personalized services and generate audience statistics. (Google Analytics, Facebook)
This data is kept for a maximum period of 36 months after the end of the contractual relationship.
- Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a breach of security, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the https://www.esterel-aventure.com/ website is published without the user’s knowledge, exchanged, transferred, or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://www.esterel-aventure.com/ and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the https://www.esterel-aventure.com/ site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data https://www.esterel-aventure.com/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://www.esterel-aventure.com/ takes all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
- Hypertext links, cookies and internet tags
The https://www.esterel-aventure.com/ website contains a number of hypertext links to other sites, set up with the authorization of https://www.esterel-aventure.com/. However, https://www.esterel-aventure.com/ is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and described 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 terminal (e.g. computer, smartphone) (hereinafter referred to as “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 are in no way likely to damage the User’s terminal.
https://www.esterel-aventure.com/ is likely to process the User’s information concerning his/her visit to the Site, such as the pages consulted and searches carried out. This information enables https://www.esterel-aventure.com/ to improve the content of the Site and the User’s browsing experience.
Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or depending on the sender. Users may also configure their browser software so that they are offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be stored on their terminal. https://www.esterel-aventure.com/ informs Users that, in this case, the functions of their browser software may not all be available.
If the User refuses to save Cookies in his/her terminal or browser, or if the User deletes those saved, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case whenhttps://www.esterel-aventure.com/ or one of its service providers is unable to recognise, 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.esterel-aventure.com/ declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by https://www.esterel-aventure.com/, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://www.esterel-aventure.com/ to record or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. This is described in the browser’s help menu, which will indicate how the User can modify his/her wishes regarding Cookies.
At any time, the User may choose to express and modify his/her wishes regarding Cookies https://www.esterel-aventure.com/ may also call on the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Facebook, Youtube, Linkedin and Instagram appearing on the https://www.esterel-aventure.com/ Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the https://www.esterel-aventure.com/ Website or mobile application, Facebook, Youtube, Linkedin and Instagram may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you consent to them by continuing to browse the https://www.esterel-aventure.com/ Website or mobile application. At any time, the User may nevertheless withdraw his/her consent to https://www.esterel-aventure.com/ depositing this type of cookie.
Article 9.2. INTERNET TAGS
https://www.esterel-aventure.com/ 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 via a partner specializing in web analysis who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
- Applicable law and jurisdiction.
Any dispute relating to the use of the https://www.esterel-aventure.com/ website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Your Preferred City.