Legal notice
Definitions
Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site that is the subject of these general terms and conditions.
Products and Services: https://balma.valdisere-agence.com makes the following available to Clients:
Content: All the elements making up the information on the Site, in particular text, images and videos.
Client information: Hereinafter referred to as “Information”, meaning all the personal data that https://balma.valdisere-agence.com may hold for the management of your account, for customer relationship management and for analysis and statistical purposes.
User: Any internet user who connects to or uses the aforementioned site.
Personal information: “Information that enables, in any form whatsoever, the direct or indirect identification of the natural persons to whom it relates” (Article 4 of the French Data Protection Act No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning given in the General Data Protection Regulation (GDPR, No. 2016/679).
1. Presentation of the website.
Pursuant to Article 6 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN), users of the website https://balma.valdisere-agence.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Degouey & Cie, SAS (simplified joint-stock company) with share capital of 41,000 euros - VAT number: FR 09 076 320 472 - SIRET number: 076 320 472 00012 - APE code: 6831Z - Trade and companies register number: B 076 320 472 - 971 Avenue Olympique - 73150 Val d’Isère
Publication manager: Vinciane Ramet - digital@valdisere-agence.com
The publication manager is a natural person or a legal entity.
Webmaster: Agence Félix Création - support@agence-felix.fr
Host: Infomaniak Network SA
Rue Eugène-Marziano 25, 1227 Les Acacias (GE), Switzerland - https://www.infomaniak.com
Data Protection Officer: Jérôme Degouey - jeromedegouey@valdisere-agence.com
2. General terms of use of the site and the services offered.
The Site is an intellectual work protected by the provisions of the French Intellectual Property Code and by applicable international regulations. The Client may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.
Use of the site https://balma.valdisere-agence.com implies full and unreserved acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of the site https://balma.valdisere-agence.com are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, https://balma.valdisere-agence.com may decide to interrupt it for technical maintenance reasons, in which case it will endeavour to inform users in advance of the dates and times of the intervention. The website https://balma.valdisere-agence.com is updated regularly by https://balma.valdisere-agence.com, which is responsible for it. Likewise, this legal notice may be amended at any time: it nevertheless applies to the user, who is invited to refer to it as often as possible in order to read it.
These general rental conditions set out the terms applicable to any booking and use of the property made available by Val d'Isère Agence: conditions-generales-de-location-fr.pdf
3. Description of the services provided.
The purpose of the website https://balma.valdisere-agence.com is to provide information about all of the company’s activities. https://balma.valdisere-agence.com endeavours to provide information on the site https://balma.valdisere-agence.com that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or failures to update, whether they are its own or those of the third-party partners who supply it with this information.
All the information shown on the site https://balma.valdisere-agence.com is provided for guidance only and is subject to change. Furthermore, the information appearing on the site https://balma.valdisere-agence.com is not exhaustive. It is given subject to any changes made since it was put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held liable for material damage related to the use of the site. In addition, the user undertakes to access the site using recent equipment, free of viruses, and with an up-to-date, latest-generation browser. The site https://balma.valdisere-agence.com is hosted by a provider within the territory of 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 best possible rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, for improvement of its infrastructure, in the event of failure of its infrastructure, or if the Products and Services generate traffic deemed abnormal.
https://balma.valdisere-agence.com and the host cannot be held liable in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment, in particular due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://balma.valdisere-agence.com owns the intellectual property rights and holds the rights of use over all the elements accessible on the website, in particular the text, 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 without the prior written authorisation of: https://balma.valdisere-agence.com.
Any unauthorised use of the site or of any of the elements it contains will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitations of liability.
https://balma.valdisere-agence.com acts as the publisher of the site. https://balma.valdisere-agence.com is responsible for the quality and accuracy of the Content it publishes.
https://balma.valdisere-agence.com cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the website https://balma.valdisere-agence.com, resulting either from the use of equipment that does not meet the specifications set out in section 4, or from the appearance of a bug or an incompatibility.
https://balma.valdisere-agence.com also cannot be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from the use of the site https://balma.valdisere-agence.com. Interactive areas (the possibility of asking questions in the contact area) are available to users. https://balma.valdisere-agence.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 appropriate, https://balma.valdisere-agence.com also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of a message of a racist, abusive, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communications, the Act of 21 June 2014 on confidence in the digital economy, the French Data Protection Act (Loi Informatique et Libertés) of 6 August 2004, and the General Data Protection Regulation (GDPR, No. 2016/679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected in connection with the creation of the User’s personal account and their browsing of the Site, the data controller is represented by Jérôme Degouey, its legal representative.
As the controller of the data it collects, https://balma.valdisere-agence.com undertakes to comply with the legal provisions in force. In particular, it is for the Client to determine the purposes of its data processing, to provide its prospects and clients, on the basis of their consent, with full information on the processing of their personal data, and to maintain a record of processing activities that reflects reality. Whenever https://balma.valdisere-agence.com processes Personal Data, https://balma.valdisere-agence.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant in light of the purposes for which https://balma.valdisere-agence.com processes it.
7.2 Purposes of the data collected
https://balma.valdisere-agence.com may process all or part of the data:
- to enable browsing of the Site and the management and traceability of the products and services ordered by the user: connection and usage data for the Site, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): the computer equipment used for browsing, the IP address, the (hashed) password
- to improve browsing on the Site: connection and usage data
- to carry out optional satisfaction surveys on https://balma.valdisere-agence.com: email address
- to carry out communication campaigns (SMS, email): telephone number, email address
https://balma.valdisere-agence.com does not sell your personal data, which is therefore used only where necessary or for statistical and analytical purposes.
7.3 Right of access, rectification and objection
In accordance with the European regulations in force, Users of https://balma.valdisere-agence.com have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of Users’ data; right to block or erase Users’ personal data (Article 17 GDPR) where it is inaccurate, incomplete, equivocal or out of date, or where its collection, use, disclosure or retention is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to restriction of the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of Users’ data (Article 21 GDPR)
- right to portability of the data that Users have provided, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to determine what happens to Users’ data after their death and to choose to whom https://balma.valdisere-agence.com should (or should not) disclose their data, being a third party they have previously designated
As soon as https://balma.valdisere-agence.com becomes aware of the death of a User and in the absence of instructions from them, https://balma.valdisere-agence.com undertakes to destroy their data, unless its retention is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://balma.valdisere-agence.com uses their Personal Data, to request that it be rectified, or objects to its processing, the User may contact https://balma.valdisere-agence.com in writing at the following address:
ENTREPRISE – DPO, Jérôme Degouey
971 Avenue Olympique - 73150 Val d’Isère
In this case, the User must state which Personal Data they would like https://balma.valdisere-agence.com to correct, update or delete, identifying themselves 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 https://balma.valdisere-agence.com by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://balma.valdisere-agence.com may lodge a complaint with the supervisory authorities, in particular the CNIL (the French data protection authority) (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://balma.valdisere-agence.com undertakes not to process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as “non-adequate” by the European Commission without first informing the client. However, https://balma.valdisere-agence.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://balma.valdisere-agence.com undertakes to take all necessary precautions to preserve 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 Client’s Information is brought to the attention of https://balma.valdisere-agence.com, it must inform the Client as soon as possible and communicate the corrective measures taken. In addition, https://balma.valdisere-agence.com does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://balma.valdisere-agence.com and by subcontractors (service providers), solely in order to fulfil the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to the data of Users of https://balma.valdisere-agence.com are mainly the agents of our customer service.
7.5 Types of data collected
Concerning the users of a Site https://balma.valdisere-agence.com, we collect the following data, which is essential to the operation of the service and which will be retained for a maximum period of 9 months after the end of the contractual relationship:
What data is collected
https://balma.valdisere-agence.com also collects information that makes it possible to improve the user experience and to offer contextualised advice:
Data used to improve the user experience and to offer contextualised advice
This data is retained for a maximum period of 9 months after the end of the contractual relationship.
8. Incident notification
Whatever efforts are 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 became aware of a security breach, we would notify the users concerned so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to keep our clients fully informed of all matters relating to the security of their account and to provide them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the site https://balma.valdisere-agence.com is published without the user’s knowledge, or exchanged, transferred, assigned or sold on any medium to third parties. Only in the event of the acquisition of https://balma.valdisere-agence.com and its rights would such information be passed on to the prospective acquirer, who would in turn be bound by the same obligation to retain and amend the data with regard to the user of the site https://balma.valdisere-agence.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://balma.valdisere-agence.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, https://balma.valdisere-agence.com takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, “cookies” and internet tags
The site https://balma.valdisere-agence.com contains a number of hypertext links to other sites, set up with the authorisation of https://balma.valdisere-agence.com. However, https://balma.valdisere-agence.com has no means of checking the content of the sites visited in this way and will therefore accept no liability in this respect.
Unless you decide to disable cookies, you agree that the site may use them. You may disable these cookies at any time, free of charge, using the disabling options offered to you and set out 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 device (e.g. computer, smartphone) (hereinafter “Cookies”). This file contains 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 cannot in any way damage the User’s device.
https://balma.valdisere-agence.com may process information about the User’s visit to the Site, such as the pages viewed and the searches made. This information enables https://balma.valdisere-agence.com to improve the content of the Site and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User may configure their browser so that it allows them to decide whether or not to accept them, so that Cookies are stored on the device or, on the contrary, rejected, either systematically or according to their issuer. The User may also configure their browser so that the acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie is stored on their device. https://balma.valdisere-agence.com informs the User that, in this case, not all the features of their browser may be available.
If the User refuses the storage of Cookies on their device or browser, or if the User deletes those already stored there, the User is informed that their browsing and experience on the Site may be limited. This could also be the case where https://balma.valdisere-agence.com or one of its service providers cannot recognise, for reasons of technical compatibility, 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.
Where applicable, https://balma.valdisere-agence.com accepts no liability for the consequences of the degraded operation of the Site and of any services offered by https://balma.valdisere-agence.com, resulting (i) from the User’s refusal of Cookies or (ii) from the impossibility for https://balma.valdisere-agence.com to store or read the Cookies necessary for their operation as a result of 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 explain how the User can change their Cookie preferences.
At any time, the User may choose to express and change their preferences regarding Cookies. https://balma.valdisere-agence.com may also use external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons for the social networks Twitter, Facebook, LinkedIn and Google Plus appearing on the Site of https://balma.valdisere-agence.com or in its mobile application, and if the User has accepted the placing of cookies by continuing to browse the website or mobile application of https://balma.valdisere-agence.com, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are placed on your devices only if you consent to them by continuing to browse the website or mobile application of https://balma.valdisere-agence.com. At any time, the User may nevertheless withdraw their consent to https://balma.valdisere-agence.com placing this type of cookie.
Article 9.2. INTERNET TAGS
https://balma.valdisere-agence.com may occasionally use internet tags (also known as “tags”, action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through 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 the online advertisements that enable internet users to access the Site, and on the various pages of the Site.
This technology enables https://balma.valdisere-agence.com to assess visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User’s use of the Site.
The external service provider may collect information about visitors to the Site and to other websites by means of these tags, compile reports on the activity of the Site for https://balma.valdisere-agence.com, and provide other services relating to the use of the Site and of the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the site https://balma.valdisere-agence.com is governed by French law. Except where the law does not permit it, exclusive jurisdiction is given to the competent courts of City of the competent court in the event of a dispute