Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these terms and conditions.
Provisions and Services: https://occasions.bateau.fr/ provides Clients with:
Content: All elements constituting the information present on the Site, in particular text – images – videos.
Customer Information: Hereinafter referred to as “Information (s)” which corresponds to all personal data likely to be held by https://occasions.bateau.fr/ for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user logging in, using the above-mentioned site.
Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)
1. 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 https://occasions.bateau.fr/ website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SARL CONSTRUCTION POLYESTER DU CENTRE Share capital of €250,000.00 VAT number: FR03408718906 – RUE DES BLATTIERS 71160 DIGOIN
Publication manager: Alfred CARIGNANT – firstname.lastname@example.org
The publication manager is a natural person or a legal entity.
Webmaster : Alfred CARIGNANT – email@example.com
Host: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Alfred CARIGNANT – firstname.lastname@example.org
2. General terms and conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the 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 of the Site.
This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by https://occasions.bateau.fr/, which will then endeavour to inform users in advance of the dates and times of the intervention.
The website https://occasions.bateau.fr/ is regularly updated by https://occasions.bateau.fr/ responsible. In the same way, 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 become aware of them.
3. Description of the services provided.
The purpose of the https://occasions.bateau.fr/ website is to provide information concerning all of the company’s activities.
https://occasions.bateau.fr/ endeavours to provide information on the https://occasions.bateau.fr/ website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether these are its fault or the fault of third-party partners who provide it with this information.
All the information indicated on the site https://occasions.bateau.fr/ is given as an indication, and is likely to change. Furthermore, the information on the https://occasions.bateau.fr/ site is not exhaustive. It is given subject to changes having been made since it was put online.
4. Contractual limitations on technical data.
The website cannot be held responsible for any material damage linked to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and with a last-generation updated browser
The site https://occasions.bateau.fr/ is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679)
The objective is to provide a service that ensures the best rate 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 period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures or if the Services generate traffic deemed abnormal.
https://occasions.bateau.fr/ and the host cannot be held responsible in the event of 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://occasions.bateau.fr/ is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, in particular 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 forbidden, except with the prior written authorisation of : https://occasions.bateau.fr/.
Any unauthorised 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 Intellectual Property Code.
6. Limitations of liability.
https://occasions.bateau.fr/ cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the https://occasions.bateau.fr/ 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://occasions.bateau.fr/ may also not be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the https://occasions.bateau.fr/ website.
Interactive areas (possibility to ask questions in the contact area) are available to users. https://occasions.bateau.fr/ 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://occasions.bateau.fr/ also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs …).
7. Management of personal data
The Client is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of Personal Data
For the Personal Data collected in the context of the creation of the User’s personal account and browsing on the Site, the person responsible for processing the Personal Data is: CONSTRUCTION POLYESTER DU CENTRE. https://occasions.bateau.fr/ is represented by Alfred CARIGNANT, its legal representative
As the person responsible for processing the data it collects, https://occasions.bateau.fr/ undertakes to respect the framework of 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, starting with the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality.
Whenever https://occasions.bateau.fr/ processes Personal Data, https://occasions.bateau.fr/ takes all reasonable steps to ensure the accuracy and relevance of the Personal Data to the purposes for which https://occasions.bateau.fr/ processes it.
7.2 Purpose of data collected
https://occasions.bateau.fr/ 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: connection and use data of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://occasions.bateau.fr/: email address
- to conduct communication campaigns (sms, email): phone number, email address
https://occasions.bateau.fr/ does not market your personal data, which is therefore only used out of necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://occasions.bateau.fr/ have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users’ data right of blocking or erasure of Users’ personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage 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 RGPD)
- 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://occasions.bateau.fr/ shall communicate (or not) their data to a third party they have previously designated
As soon as https://occasions.bateau.fr/ becomes aware of the death of a User and in the absence of instructions from the User, https://occasions.bateau.fr/ undertakes to destroy their data, unless its retention proves necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://occasions.bateau.fr/ uses his Personal Data, to ask to rectify them or to oppose their processing, the User may contact https://occasions.bateau.fr/ in writing at the following address:
CONSTRUCTION POLYESTER DU CENTRE – DPO, Alfred CARIGNANT
RUE DES BLATTIERS 71160 DIGOIN.
In this case, the User must indicate the Personal Data that he/she would like https://occasions.bateau.fr/ to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations that are imposed on https://occasions.bateau.fr/ by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://occasions.bateau.fr/ may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://occasions.bateau.fr/ shall not 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. For all that, https://occasions.bateau.fr/ 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: n° 2016-679).
https://occasions.bateau.fr/ undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://occasions.bateau.fr/, the latter shall as soon as possible inform the Customer and communicate the corrective measures taken. Furthermore https://occasions.bateau.fr/ does not collect any “sensitive data”.
The User’s Personal Data may be processed by https://occasions.bateau.fr/ subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of https://occasions.bateau.fr/ Users are mainly the agents of our customer service.
8. Incident notification
No matter how hard we try, 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 affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers 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 https://occasions.bateau.fr/ site is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the assumption of the repurchase of https://occasions.bateau.fr/ and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site https://occasions.bateau.fr/.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://occasions.bateau.fr/ uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and password.
When processing Personal Data, https://occasions.bateau.fr/ takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links “cookies” and internet tags (“tags”)
The https://occasions.bateau.fr/ website contains a number of hyperlinks to other sites, set up with the permission of https://occasions.bateau.fr/. However, https://occasions.bateau.fr/ does not have the possibility to check the content of the sites thus visited, and consequently will not assume any responsibility for this.
Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
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 and the date and time of access. Cookies are in no way likely to damage the User’s terminal.
https://occasions.bateau.fr/ is likely to process the User’s information concerning his/her visit to the Site, such as the pages consulted, the searches performed. This information allows https://occasions.bateau.fr/ to improve the content of the Site, the User’s navigation.
As Cookies facilitate browsing and/or the provision of services offered by the Site, 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, that they are rejected, either systematically or according to their sender. The User may also configure his or her browsing software so that acceptance or rejection of Cookies is offered to him or her from time to time, before a Cookie is likely to be recorded in his or her terminal. https://occasions.bateau.fr/ informs the User that, in this case, it is possible that not all of the functionalities of his or her browsing software may be available.
If the User refuses the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Site may be limited. This could also be the case when https://occasions.bateau.fr/ or one of its service providers cannot 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://occasions.bateau.fr/ declines all responsibility for the consequences related to the degraded functioning of the Site and of the services that may be offered by https://occasions.bateau.fr/, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://occasions.bateau.fr/ to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of 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 his/her wishes regarding Cookies.
At any time, the User can make the choice to express and change his/her wishes regarding Cookies. https://occasions.bateau.fr/ may additionally use the services of external service providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the https://occasions.bateau.fr/ Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the https://occasions.bateau.fr/ Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent to them, by continuing your browsing on the Website or mobile application of https://occasions.bateau.fr/. At any time, however, the User may revoke their consent for https://occasions.bateau.fr/ to deposit this type of cookie.
Article 9.2. INTERNET TAGS
https://occasions.bateau.fr/ may occasionally employ Internet tags (also known as “tags”, or 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 thus store related information, including the User’s IP address) in a foreign country.
These beacons are placed both in online advertisements allowing users to access the Site, and on individual pages of the Site.
This technology allows https://occasions.bateau.fr/ 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 use of this Site by the User.
The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for https://occasions.bateau.fr/, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the https://occasions.bateau.fr/ 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 Mâcon
* Non official translation. Only the original text in French is considered as valid.