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Legal notice

Legal Notice & Privacy Policy

Definitions

Customer: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Site referred to in these terms and conditions.

Products and Services: ramonet romain (sole trader) makes the following available to Customers.

Content: all elements making up the information present on the Site, including but not limited to text, images and videos.

Customer Information: hereinafter referred to as "Information", corresponding to all personal data that may be held by ramonet romain (sole trader) for the purposes of managing your account, managing the customer relationship, and for analysis and statistical purposes.

User: any internet user connecting to, or using, the above-named site.

Personal Information: "information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (Article 4 of French Law No. 78-17 of 6 January 1978).

The terms "personal data", "data subject", "processor" and "sensitive data" have the meanings set out in the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).


1. Presentation of the website

In accordance with Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://overalighting.com are informed of the identity of the various parties involved in its creation and management:

  • Owner: https://overalighting.com, published by ramonet romain (sole trader) – 3 RUE D'ANJOU, 29200 BREST, France – +33 6 51 97 30 51
  • SIRET Number: 983 445 842 00013
  • VAT Number: FR88983445842
  • Publication Manager: Romain Ramonet – contact@overalighting.com. The publication manager is a legal entity.
  • Webmaster: Romain Ramonet – contact@overalighting.com
  • Data Protection Officer: Romain Ramonet – contact@overalighting.com
  • Host: Shopify Inc., 151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada – Tel: 1-888-746-7439

2. General terms of use of the site and services offered

The Site constitutes an original work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not, under any circumstances, reuse, transfer or exploit for their own account all or part of the elements or works of the Site.

Use of the website https://overalighting.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 https://overalighting.com are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for maintenance purposes may be decided by ramonet romain (sole trader), which will endeavour to inform users in advance of the dates and times of the intervention. The website https://overalighting.com is updated regularly. Likewise, the legal notice may be amended at any time: it remains binding on the user, who is invited to refer to it as often as possible.


3. Description of the services provided

The purpose of the website https://overalighting.com is to provide information about all of the company's activities. ramonet romain (sole trader) strives to provide information on https://overalighting.com that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or failures to update, whether attributable to itself or to third-party partners who supply such information.

All information on https://overalighting.com is provided for guidance only and is subject to change. Furthermore, the information on https://overalighting.com is not exhaustive. It is provided subject to any changes that may have been made since it was published online.


4. Contractual limitations on technical data

The site uses JavaScript technology. The website cannot be held liable for material damage arising from use of the site. In addition, the user of the site undertakes to access the site using up-to-date equipment, free of viruses, and with an up-to-date, recent-generation browser. https://overalighting.com is hosted by a provider located within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).

The aim is to provide a service ensuring the best possible level 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 hosting for the shortest possible periods, in particular for maintenance, infrastructure improvements, infrastructure failures, or if the Products and Services generate traffic deemed abnormal.

ramonet romain (sole trader) and the host cannot be held liable in the event of 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 infringement

ramonet romain (sole trader) holds the usage rights to all elements accessible on the website, including 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 any means or process whatsoever, is prohibited without the prior written authorisation of ramonet romain (sole trader).

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. Limitation of liability

ramonet romain (sole trader) acts as the publisher of the site. ramonet romain (sole trader) is responsible for the quality and accuracy of the content it publishes.

ramonet romain (sole trader) cannot be held liable for direct or indirect damage caused to the user's equipment when accessing https://overalighting.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 incompatibility.

ramonet romain (sole trader) also cannot be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from use of https://overalighting.com. Interactive spaces (the ability to ask questions in the contact area) are available to users. ramonet romain (sole trader) reserves the right to remove, without prior notice, any content posted in this space that violates French law, in particular provisions relating to data protection. Where applicable, ramonet romain (sole trader) also reserves the right to pursue the civil and/or criminal liability of the user, in particular in the event of racist, abusive, defamatory or pornographic content, regardless of the medium used (text, photograph, etc.).


7. Management of personal data

The Customer is informed of the regulations concerning marketing communications, the French Law of 21 June 2014 on 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 controllers

For Personal Data collected as part of the creation of the User's personal account and their use of the Site, the data controller is ramonet romain (sole trader). https://overalighting.com is represented by ramonet romain (sole trader), its legal representative.

As data controller, ramonet romain (sole trader) undertakes to comply with the applicable legal framework. It is responsible for establishing the purposes of its data processing, for providing prospects and customers, on the basis of their consent, with full information about the processing of their personal data, and for maintaining a processing register that accurately reflects reality. Whenever ramonet romain (sole trader) processes Personal Data, it takes all reasonable steps to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which it is processed.

7.2 Purpose of the data collected

ramonet romain (sole trader) may process all or part of the following data:

  • To enable navigation of the Site and the management and traceability of products and services ordered by the user: connection and usage data, billing, order history, etc.
  • To prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, (hashed) password.
  • To improve navigation of the Site: connection and usage data.
  • To conduct optional customer satisfaction surveys on https://overalighting.com: email address.
  • To conduct communication campaigns (SMS, email): telephone number, email address.

ramonet romain (sole trader) does not sell your personal data, which is used solely as necessary or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with applicable European regulations, users of https://overalighting.com have the following rights:

  • Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of Users' data.
  • Right to restrict or erase Users' personal data (Article 17 GDPR) where such data is inaccurate, incomplete, ambiguous, out of date, or where its collection, use, disclosure or retention is prohibited.
  • Right to withdraw consent at any time (Article 13(2)(c) GDPR).
  • Right to restriction of 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 GDPR).
  • Right to determine the fate of Users' data after their death and to choose to whom ramonet romain (sole trader) should (or should not) communicate their data, to a third party previously designated by them.

As soon as ramonet romain (sole trader) becomes aware of the death of a User, and in the absence of instructions from them, ramonet romain (sole trader) undertakes to destroy their data, unless retention is necessary for evidential purposes or to comply with a legal obligation.

If a User wishes to know how ramonet romain (sole trader) uses their Personal Data, or wishes to request rectification of such data or object to its processing, the User may contact https://overalighting.com in writing at the following address:

Romain Ramonet 3 RUE D'ANJOU, 29200 BREST, France

In this case, the User must specify the Personal Data they would like https://overalighting.com to correct, update or delete, and must identify themselves precisely by providing a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on ramonet romain (sole trader) by law, in particular with regard to the retention or archiving of documents. Finally, users of https://overalighting.com may lodge a complaint with the relevant supervisory authority, in particular the CNIL (the French data protection authority: https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

ramonet romain (sole trader) undertakes not to process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognised as "inadequate" by the European Commission, without first informing the customer. ramonet romain (sole trader) nevertheless 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: Regulation (EU) 2016/679).

ramonet romain (sole trader) 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, should an incident affecting the integrity or confidentiality of a Customer's Information come to the attention of ramonet romain (sole trader), it will inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, ramonet romain (sole trader) does not collect any "sensitive data".

Users' Personal Data may be processed by subsidiaries of ramonet romain (sole trader) and by subcontractors (service providers), solely for the purpose of fulfilling the purposes of this policy.

Within the limits of their respective roles and for the purposes set out above, the persons likely to have access to the data of users of https://overalighting.com are primarily our customer service staff.


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. Should we become aware of a security breach, we will notify affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to fully inform our customers of any matters relating to the security of their account and to provide them with all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of users of https://overalighting.com is published without the user's knowledge, exchanged, transferred, assigned or sold in any format to third parties. Only in the event of the acquisition of https://overalighting.com and its rights would the transmission of such information to the potential acquirer be permitted, with the acquirer in turn being bound by the same obligation to retain and amend data with respect to users of https://overalighting.com.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://overalighting.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, ramonet romain (sole trader) takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.


9. Hyperlinks, "cookies" and internet tags

The website https://overalighting.com contains a number of hyperlinks to other sites, put in place with the authorisation of ramonet romain (sole trader). However, ramonet romain (sole trader) does not have the ability to verify the content of the sites thus visited and will therefore assume no liability in this respect.

Unless you choose to disable cookies, you agree that the site may use them. You may disable these cookies at any time, free of charge, using the deactivation options offered and set out below, although 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 piece of information 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, internet service provider, operating system, and the date and time of access. Cookies cannot in any way damage the User's device.

ramonet romain (sole trader) may process information about the User's visit to the Site, such as pages viewed and searches carried out. This information enables ramonet romain (sole trader) to improve the content of the Site and the User's browsing experience.

As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that Cookies are stored on the device or, conversely, rejected, either systematically or depending on their source. The User may also configure their browser software so that acceptance or rejection of Cookies is offered on a case-by-case basis, before a Cookie is stored on their device. ramonet romain (sole trader) informs the User that, in this case, some features of their browser software may not be available.

If the User refuses to allow Cookies to be stored on their device or browser, or deletes those already stored, the User is informed that their browsing experience on the Site may be limited. This may also be the case where ramonet romain (sole trader) or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the device, language and display settings, or the country from which the device appears to be connected to the internet.

Where applicable, ramonet romain (sole trader) accepts no liability for any consequences relating to the degraded operation of the Site and any services offered by https://overalighting.com, resulting from (i) the User's refusal of Cookies, or (ii) the inability of ramonet romain (sole trader) to store or access the Cookies necessary for their operation due to the User's choices. Cookie management and User choices vary depending on browser configuration, which is described in the browser's help menu, enabling the User to determine how to change their cookie preferences.

At any time, the User may choose to express and change their preferences regarding Cookies. ramonet romain (sole trader) may also use external service providers to help collect and process the information described in this section.

Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn and Google Plus on the https://overalighting.com website or mobile application, and if the User has accepted the placement of cookies by continuing to browse the website or mobile application of https://overalighting.com, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent, by continuing to browse the website or mobile application of https://overalighting.com. The User may withdraw their consent to ramonet romain (sole trader) placing this type of cookie at any time.

9.2 Internet "tags"

ramonet romain (sole trader) 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 via a specialist web analytics partner, which 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 itself.

This technology enables ramonet romain (sole trader) 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 consulted), as well as the User's use of the Site.

The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on the Site's activity for ramonet romain (sole trader), 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 https://overalighting.com is subject to French law. Except where the law does not permit this, exclusive jurisdiction is granted to the competent courts of Brest, France.


This is an English translation of the original French legal notice, provided for the convenience of English-speaking visitors. In the event of any discrepancy between this translation and the original French version, the French version shall prevail.

Note: I'm not a lawyer, and this translation should be reviewed by a qualified legal professional before publication, particularly to confirm it meets UK consumer-facing requirements (e.g. UK GDPR / Data Protection Act 2018 references) in addition to the French/EU GDPR references already present.